Common use of Temporary Securities Clause in Contracts

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series 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 and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 255 contracts

Samples: vTv Therapeutics Inc., Indenture (Nexvet Biopharma PLC), Indenture (Seacor Holdings Inc /New/)

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Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 215 contracts

Samples: Indenture (Qilian International Holding Group LTD), Indenture (Biodel Inc), Indenture (Allos Therapeutics Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersSecurityholders), at the office or agency of the Company designated for the purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 170 contracts

Samples: Indenture (EHang Holdings LTD), Indenture (Longboard Pharmaceuticals, Inc.), Indenture (Atara Biotherapeutics, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purposethat purpose pursuant to Section 3.02, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series of authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderunless otherwise established pursuant to Section 2.03.

Appears in 49 contracts

Samples: Debt Indenture (Gazit Group Financial LLC), Indenture (Teva Pharmaceutical Finance Co B.V.), Indenture (Teva Pharmaceutical Industries LTD)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall shall, upon receipt of a Company Order, authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series 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 shall, upon receipt of a Company Order, authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 34 contracts

Samples: Indenture (Mirion Technologies, Inc.), Indenture (Magenta Therapeutics, Inc.), Indenture (Protagonist Therapeutics, Inc)

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purpose, that purpose pursuant to Section 3.2 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series having authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries, unless otherwise established pursuant to Section 2.3.

Appears in 27 contracts

Samples: Senior Indenture (Seagull Energy Corp), Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

Temporary Securities. Pending the preparation of Securities in definitive Securities of any seriesform, the Company may execute, execute and the Trustee shall shall, upon written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, definitive form but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the Securities in definitive Securities of such seriesform. Without unnecessary delay unreasonable delay, the Company will execute and will furnish deliver to the Trustee Securities in definitive form (other than in the case of Securities of such series in global form) and thereupon any or all temporary Securities of (other than any such series Securities in global form) may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 9.2 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of Securities in definitive Securities of such series, unless form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Securities in definitive Securities of such series form authenticated and delivered hereunder.

Appears in 18 contracts

Samples: Indenture (Cv Therapeutics Inc), Indenture (Cv Therapeutics Inc), Indenture (Vertex Pharmaceuticals Inc / Ma)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company in the continental United States of America designated for the purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 16 contracts

Samples: Indenture (Impac Mortgage Holdings Inc), Indenture (Mandalay Digital Group, Inc.), Indenture (Exelixis Inc)

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purpose, that purpose pursuant to Section 3.02 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series having authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries, unless the benefits of the temporary Securities are limited pursuant to Section 2.03.

Appears in 15 contracts

Samples: Indenture (Idex Corp /De/), Indenture (Idex Corp /De/), Indenture (LSB Industries Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay delay, the Company will execute and will furnish definitive Securities of such series series, and thereupon any or all temporary Securities of such series 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 and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 15 contracts

Samples: Indenture (Protalix BioTherapeutics, Inc.), Indenture (WGL Holdings Inc), Indenture (Brickell Biotech, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersHolders), at the office or agency of the Company designated for the purposepurpose in [______________], and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 14 contracts

Samples: NAKED BRAND GROUP LTD, Parkervision Inc, Nuvve Holding Corp.

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in of the form tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine (but which shall not affect the rights or duties of the Trustee), as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the purposeHolder. Upon surrender for cancellation of any one or more temporary Securities, and the Company shall execute and, upon Company Order, the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate therefor a like principal amount of definitive Securities of such series, unless authorized denominations evidencing the Company advises same indebtedness as the Trustee to the effect that definitive temporary Securities need not be executed and furnished until further notice from the Companyso exchanged. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 12 contracts

Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Pledge Agreement (Rogers Communications Inc)

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purposethat purpose pursuant to Section 3.02, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series of authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries.

Appears in 11 contracts

Samples: Indenture (Comcast Cable Communications LLC), Indenture (Planetout Inc), Indenture (Planetout Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, execute and the Trustee shall authenticate and deliver, make available for delivery temporary Securities of such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable as registered Securities of such series without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such series. Without unnecessary unreasonable delay the Company will shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposepurpose pursuant to Section 4.02, and upon delivery to the Trustee of all documents and certificates as required by this Indenture, the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyseries of authorized denominations. Until so exchanged, exchanged the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries.

Appears in 10 contracts

Samples: Indenture (Western Digital Corp), Indenture (Dendreon Corp), Indenture (Home Depot Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersHolders), at the office or agency of the Company designated for the purposepurpose in [_____________], and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 10 contracts

Samples: Lucid Diagnostics Inc., Tecnoglass Inc., Parkervision Inc

Temporary Securities. Pending Until definitive Securities of a Series are prepared, the preparation Issuer may (and, if the Authorization so requires, the Issuer shall) execute, and there shall be authenticated and delivered in accordance with the provisions of Section 3 (in lieu of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliversuch Series), temporary Securities (printed, lithographed or typewritten) of any authorized denominationsuch Series. Such temporary Securities may be in global form; provided, however, that any temporary Security in global form shall be substantially in registered form unless delivered in compliance with the form conditions set forth in Section 1(e). Such temporary Securities of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security of any series a Series shall be executed by the Company and be authenticated by the Trustee upon subject to the same limitations and conditions and in substantially entitled to the same manner, rights and with like effect, benefits as the definitive Securities of such seriesSeries, except as provided herein or in the Authorization thereof. Without unnecessary delay the Company will execute and will furnish Unless otherwise provided herein or therein, temporary Securities of a Series shall be exchangeable for definitive Securities of such series Series when such definitive Securities are available for delivery; and thereupon any or all upon the surrender for exchange of temporary Securities of such series may a Series that are so exchangeable, the Issuer shall execute and there shall be surrendered authenticated and delivered, in exchange therefor (without charge to accordance with the holders), at the office or agency provisions of the Company designated for the purpose, Sections 5 and the Trustee shall authenticate 6 and such office or agency shall deliver in exchange for such temporary Securities an equal Securities, a like aggregate principal amount of definitive Securities (provided that such Securities have not been previously redeemed) of such series, unless Series. All temporary Securities shall be identified as such and shall describe the Company advises right of the Trustee holder thereof to the effect that an exchange for definitive Securities need not and the manner in which such an exchange may be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereundereffected.

Appears in 9 contracts

Samples: Fiscal Agency Agreement (European Investment Bank), Fiscal Agency Agreement (Council of Europe Development Bank), Fiscal Agency Agreement (European Investment Bank)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (that are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in of the form tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities; provided, that any such temporary Securities shall bear legends on the face of such Securities as set forth in Section 2.02. If temporary Securities are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the any office or agency of the Company designated pursuant to Section 4.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the purpose, Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount therefor a like Principal Amount of definitive Physical Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderPhysical Securities.

Appears in 8 contracts

Samples: Acceptance Corporation (World Acceptance Corp), Indenture (Verigy Ltd.), Indenture (Borland Software Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, execute temporary Securities (printed, lithographed or typewritten) of any authorized denominationdenomination and the Trustee shall authenticate and deliver such Securities. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated maintained pursuant to Section 4.02 for the purposepurpose of exchanges of Securities of such series, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 8 contracts

Samples: Indenture (Applied Materials Inc /De), Indenture (NetApp, Inc.), Indenture (NetApp, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of for any seriesSeries, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such Series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any Series may be issued in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such Series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will shall execute and will shall furnish definitive Securities of such series Series and thereupon any or all temporary Securities of such series Series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposethat purpose pursuant to Section 3.2, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such Series a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame Series of authorized denominations. Until so exchanged, the temporary Securities of such series any Series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSeries.

Appears in 7 contracts

Samples: Senior Indenture (Alterra Finance LLC), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Markel Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose, such purpose and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 7 contracts

Samples: Indenture (Agfeed Industries, Inc), Trius Therapeutics Inc, ShengdaTech, Inc.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such seriesseries in accordance with Section 2.04. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersholders thereof), at the office or agency of the Company designated for the purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 6 contracts

Samples: Senior Note Indenture (Anthem Inc), Indenture (United States Cellular Corp), Indenture (Anthem Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in of the form tenor of the definitive Securities of such series in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such Securities may be appropriate for determine, as evidenced by their execution of such Securities. If temporary Securities, all as may be determined by the Company. Every temporary Security Securities of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same mannerare issued, and with like effect, as the definitive Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive cause Definitive Securities of such series and thereupon any or all to be prepared without unreasonable delay. After the preparation of Definitive Securities, the temporary Securities shall be exchangeable for Definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the office or agency of the Company designated for that purpose without charge (except for tax or other governmental charges, if applicable) to the purposeHolder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of therefor one or more definitive Securities of such the same series, unless of any authorized denominations having the Company advises same Original Issue Date and Stated Maturity and having the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame terms as such temporary Securities. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries.

Appears in 6 contracts

Samples: First American Financial Corp, First American Financial Corp, First American Financial Corp

Temporary Securities. Pending the preparation of Until definitive Securities of any seriesare ready for delivery, the Company may prepare and execute, and and, upon the order of the Company, the Trustee shall authenticate and deliver, deliver temporary Securities (printed, lithographed or typewritten) of any authorized denominationSecurities. Such temporary Temporary Securities shall be substantially in the form of the definitive Securities in lieu but may have variations that the Company with the consent of which they are issued, but with such omissions, insertions and variations as may be the Trustee considers appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will execute and will furnish deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 6.10 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount at maturity of definitive Securities of such series, unless Securities. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 6 contracts

Samples: Indenture (Waste Connections Inc/De), Indenture (Nco Group Inc), Indenture (Waste Connections Inc/De)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printed, lithographed or typewritten) of any authorized denominationotherwise reproduced). Such temporary Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will shall execute and will furnish shall deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may shall be surrendered in exchange therefor (without charge to the holders), at the corporate trust office or agency of the Company designated for the purposeTrustee, and the Trustee shall authenticate authenticate, deliver and such office or agency shall deliver register in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless Securities. Such exchange shall be made by the Company advises the Trustee at its own expense and without any charge therefor to the effect that definitive Securities need not be executed and furnished until further notice from the CompanySecurityholders. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 6 contracts

Samples: Xcel Energy Inc, Indenture (Northern States Power Co /Wi/), Indenture (Northern States Power Co /Wi/)

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company Issuer may execute, execute and the Trustee Trustee, upon receipt of an Issuer Order, shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purpose, that purpose pursuant to Section 3.2 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series having authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries, unless otherwise established pursuant to Section 2.3.

Appears in 6 contracts

Samples: Senior Indenture (Hovnanian Enterprises Inc), Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable as Registered Securities without coupons of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary delay unreasonable delay, the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Registered Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purpose, that purpose pursuant to Section 3.2 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series having authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries, unless otherwise established pursuant to Section 2.3.

Appears in 6 contracts

Samples: Indenture (Exelon Generation Co LLC), Indenture (Commonwealth Edison Co), Indenture (Exelon Generation Co LLC)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (that are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in of the form tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities; provided, that any such temporary Securities shall bear legends on the face of such Securities as set forth in Section 2.02. If temporary Securities are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the any office or agency of the Company designated pursuant to Section 6.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the purpose, Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount therefor a like Principal Amount of definitive Physical Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderPhysical Securities.

Appears in 6 contracts

Samples: Indenture (Xilinx Inc), Indenture (Intel Corp), Indenture (Microchip Technology Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities in lieu thereof (printed, lithographed or typewritten) of in any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay delay, the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 6 contracts

Samples: Indenture (International Flavors & Fragrances Inc), Indenture (International Flavors & Fragrances Inc), Steelcase Inc

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable as Registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the reasonable concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will shall execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposethat purpose pursuant to Section 3.02, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series of authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderunless otherwise established pursuant to Section 2.03.

Appears in 5 contracts

Samples: Indenture (Mizuho Financial Group Inc), Senior Indenture (Mizuho Financial Group Inc), Indenture (Mizuho Financial Group Inc)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten) otherwise produced, substantially of any authorized denomination. Such temporary Securities shall be substantially in the form tenor of the definitive Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such Securities may determine with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Agreement as may be appropriate for temporary Securities, all as may be determined by the Companyappropriate. Every temporary Security 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 Securities. If temporary Securities of such series. Without unnecessary delay are issued, the Company will execute and will furnish cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the office or agency of the Company designated for such purpose pursuant to Section 7.02, without charge to the purpose, Holder. Upon surrender for cancellation of any one or more temporary Securities the Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal therefor a like amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the CompanySecurities. Until so exchanged, exchanged the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture Agreement as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 5 contracts

Samples: Payment Rights Agreement (Fusion Systems Corp), Payment Rights Agreement (Fusion Systems Corp), Contingent Payment Rights Agreement (Fusion Systems Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee or an Authenticating Agent shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or an Authenticating Agent upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersSecurityholders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, The City of New York, and the Trustee or an Authenticating Agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee or an Authenticating Agent to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 5 contracts

Samples: Senior Indenture (Brighthouse Financial, Inc.), Senior Indenture (Brighthouse Financial, Inc.), Subordinated Indenture (Brighthouse Financial, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.. SECTION 2.07

Appears in 5 contracts

Samples: Indenture (Marsh & McLennan Companies Inc), Indenture (Marsh & McLennan Companies Inc), Kmart Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay delay, the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 5 contracts

Samples: Indenture (Pike Corp), Indenture (Pike Equipment & Supply Company, LLC), Indenture (Pike Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, series the Company may execute, execute and the Trustee Trustee, upon satisfaction of the provisions of Section 2.03, shall authenticate and deliver, deliver printed or lithographed temporary Securities. Temporary Securities (printed, lithographed or typewritten) of shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issuedthat series, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the definitive Securities of such that series. Without unnecessary delay unreasonable delay, the Company will execute and will furnish deliver to the Trustee definitive Securities of such that series and thereupon any or all temporary Securities of such that series may be surrendered in exchange therefor (without charge to the holders)therefor, at the office or agency of the Company designated in the Place of Payment for such series, and the purpose, Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount at Stated Maturity of definitive Securities of such series, unless Securities. Such exchange shall be made by the Company advises at its own expense and without any charge therefor except that the Trustee Company may require payment of a sum sufficient to the effect cover any tax or other governmental charge that definitive Securities need not may be executed and furnished until further notice from the Companyimposed in relation thereto. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such that series authenticated and delivered hereunder.

Appears in 5 contracts

Samples: Indenture (Betzdearborn Inc), Indenture (Lyondell Petrochemical Co), Indenture (Lyondell Chemical Co)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposeSecurity Registrar, and the Trustee shall authenticate and such office or agency the Security Registrar shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 5 contracts

Samples: Indenture (Conexant Systems Inc), Indenture (Air Hot, Inc.), Indenture (South Texas Broadcasting Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, execute and register and upon Company Order the Trustee shall will authenticate and deliver, deliver temporary Securities (printed, lithographed lithographed, or typewritten) of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions insertions, and variations as may be appropriate for temporary Securities, all as may be determined by the Companyofficers executing such Securities as evidenced by their execution of such Securities; provided, however that the Company will use reasonable efforts to have definitive Securities of that series available at the times of any issuance of Securities under this Indenture. Every temporary Security of any series shall will be executed and registered 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 Securities of such seriesSecurities. Without unnecessary delay the The Company will execute and will register and furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated in the Place of Payment for the purposethat series, and the Trustee shall will authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series one or more definitive Securities of the same series, of any authorized denominations, and of a like aggregate principal amount of definitive Securities of such series, unless and tenor. Such exchange will be made by the Company advises the Trustee at its own expense and without any charge to the effect that definitive Securities need not be executed and furnished until further notice from the CompanyHolder therefor. Until so exchanged, the temporary Securities of such any series shall will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder.

Appears in 5 contracts

Samples: Nanogen Inc, TrueBlue, Inc., TrueBlue, Inc.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, execute temporary Securities (printed, lithographed or typewritten) of any authorized denominationdenomination and the Trustee shall authenticate and deliver such Securities. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)Holders, at the office or agency of the Company designated maintained pursuant to Section 4.02 for the purposepurpose of exchanges of Securities of such series, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 5 contracts

Samples: STERIS PLC, Sterling Jewelers LLC, Signet Jewelers LTD

Temporary Securities. Pending the preparation and delivery of definitive Certificated Securities of any series, the Company may execute, execute and upon Company Order the Trustee shall authenticate and deliver, make available for delivery temporary Certificated Securities (printed, lithographed or typewritten) of any authorized denominationsuch series. Such temporary Temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and may have variations as may be that the Company considers appropriate for temporary Securities, all including such reference to any provisions of this Indenture as may be determined by appropriate. Without unreasonable delay, the Company. Every temporary Security of any series Company shall prepare and execute and upon Company Order the Trustee shall authenticate definitive Securities; provided, that such execution and authentication 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 for the definitive Securities of such series. Without unnecessary delay After the Company will execute and will furnish preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities of such series and thereupon any or all upon surrender of the temporary Securities of at any office or agency maintained by the Company for that purpose and such series may exchange shall be surrendered in exchange therefor (without charge to the holders)Holder. Upon surrender for cancellation of any one or more temporary Securities, at the office or agency of the Company designated for shall execute and, upon Company Order and delivery to the purposeTrustee of any other documents and certificates required by this Indenture, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of therefor one or more definitive Securities of such series representing an equal principal amount of Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the Holder of temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as a Holder of definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 4 contracts

Samples: Indenture (Southwestern Energy Co), Southwestern Energy Services Co, Southwestern Energy Co

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printedtyped, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the definitive Securities of such seriesSecurities. Without unnecessary delay unreasonable delay, the Company will execute and will furnish deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon and, thereupon, any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the Principal Office of the Trustee or at any office or agency of maintained by the Company designated for the purposesuch purpose as provided in Section 3.02, and the Trustee or the Authenticating Agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such series, unless Securities. Such exchange shall be made by the Company advises at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Trustee Company may require payment of a sum sufficient to the effect cover any tax, fee or other governmental charge that definitive Securities need not may be executed and furnished until further notice from the Companyimposed in relation thereto. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp), Indenture (Proassurance Corp)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purposepurpose pursuant to Section 3.2 hereof, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, exchanged the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 4 contracts

Samples: Indenture (NRG Energy Inc), Indenture (NRG Energy Inc), Indenture (NRG Energy Inc)

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the concurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purpose, that purpose pursuant to Section 3.02 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series having authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries, unless the benefits of the temporary Securities are limited pursuant to Section 2.04.

Appears in 4 contracts

Samples: Indenture (Discovery Communications, LLC), Indenture (Discovery Communications, LLC), Indenture (Discovery Communications, LLC)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay delay, the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series 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 and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Ardea Biosciences, Inc./De, Ardea Biosciences, Inc./De, Sequenom Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, execute and the Trustee shall authenticate and deliver, make available for delivery temporary Securities (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposepurpose pursuant to Section 3.02, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, exchanged the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 4 contracts

Samples: Indenture (Home Depot Inc), Vencor Inc, Republic Group Inc

Temporary Securities. Pending the preparation of Securities in definitive Securities of any seriesform, the Company may execute, execute and the Trustee shall shall, upon written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, definitive form but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the Securities in definitive Securities of such seriesform. Without unnecessary delay unreasonable delay, the Company will execute and will furnish deliver to the Trustee Securities in definitive form (other than in the case of Securities of such series in global form) and thereupon any or all temporary Securities of (other than any such series Securities in global form) may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 9.2 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of Securities in definitive Securities of such series, unless form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Securities in definitive Securities of such series form authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the such purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co), American Equity Investment Life Holding Co

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Issuers may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuers. Every temporary Security of any series shall be executed by the Company Issuers and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series. Without unnecessary delay the Company Issuers will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposeSecurity Registrar, and the Trustee shall authenticate and such office or agency the Security Registrar shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises Issuers advise the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the CompanyIssuers. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (CyrusOne Finance Corp.), Indenture (CyrusOne Foreign Holdings LLC), Indenture (CyrusOne LP)

Temporary Securities. Pending the preparation of definitive Securities of any series, series the Company may execute, execute and the Trustee shall authenticate and deliver, make available for delivery temporary Securities (printedtyped, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will execute and will furnish deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the principal corporate trust office of the Trustee or at any office or agency of maintained by the Company designated for the purposesuch purpose as provided in Section 3.02, and the Trustee or the Authenticating Agent shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such series, unless Securities. Such exchange shall be made by the Company advises at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Trustee Company may require payment of a sum sufficient to the effect cover any tax, fee or other governmental charge that definitive Securities need not may be executed and furnished until further notice from the Companyimposed in relation thereto. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (Bank of America Corp /De/), Indenture (Nb Capital Trust I), Indenture (Nb Capital Trust I)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company and the Guarantor may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and the Guarantor and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company and the Guarantor will execute and will furnish deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the principal corporate trust office of the Trustee or at any office or agency of maintained by the Company designated for the purposesuch purpose as provided in Section 3.02, and the Trustee or the Authenticating Agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such series, unless Securities. Such exchange shall be made by the Company advises at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Trustee Company may require payment of a sum sufficient to the effect cover any tax, fee or other governmental charge that definitive Securities need not may be executed and furnished until further notice from the Companyimposed in relation thereto. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial Corp), Municipal Mortgage & Equity LLC

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposepurpose in the contiguous United States, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Indenture (Athene Holding LTD), Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purposethat purpose pursuant to Section 3.2, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal Principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 3 contracts

Samples: Indenture (Cone Mills Corp), Cone Mills Corp, Cone Mills Corp

Temporary Securities. Pending the preparation of definitive Securities of any seriesDefinitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in the form of the definitive tenor of the Definitive Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such Securities may be appropriate for temporary determine, as evidenced by their execution of such Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and shall be authenticated and delivered by the Trustee upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Definitive Security or Securities in lieu of such serieswhich it is issued. Without unnecessary delay If temporary Securities are issued, the Company will execute and will furnish definitive cause Definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all Definitive Securities, the temporary Securities shall be exchangeable for Definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the any office or agency of the Company designated pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities the purpose, Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary therefor one or more Definitive Securities an equal aggregate of a like principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, exchanged the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderDefinitive Securities.

Appears in 3 contracts

Samples: Nexstar Pharmaceuticals Inc, Physicians Resource Group Inc, PHP Healthcare Corp

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary delay unreasonable delay, the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purposepurpose pursuant to Section 3.2, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 3 contracts

Samples: Weirton Steel Corp, Weirton Steel Corp, Weirton Steel Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, execute temporary Securities of such series (printed, lithographed or typewritten) of any authorized denomination, and the Trustee shall authenticate and deliver such Securities. Such temporary Securities of any series shall be substantially in the form of the definitive Securities of such series in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary delay the Company will execute and will furnish definitive Securities of such any series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated maintained pursuant to Section 4.02 for the purposepurpose of exchanges of Securities, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities of such series need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Mallinckrodt PLC, Covidien PLC, Mallinckrodt PLC

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersholders thereof), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee in writing to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Family Dollar (Family Dollar Stores Inc), Net 1 Ueps Technologies Inc, Net 1 Ueps Technologies Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesin certificated form, the Company may execute, execute and the Trustee shall or an Authenticating Agent shall, upon the written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issuedcertificated form, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or such Authenticating Agent upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Securities of such seriesin certificated form. Without unnecessary unreasonable delay the Company will execute and will furnish definitive deliver to the Trustee or such Authenticating Agent Securities in certificated form (other than in the case of such series Global Securities) and thereupon any or all temporary Securities of (other than any such series Global Security) may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, and the Trustee or such Authenticating Agent shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless in certificated form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Securities of such series in certificated form authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Indenture (Veritas Software Corp), Indenture (Cypress Semiconductor Corp /De/), Vantive Corp

Temporary Securities. Pending the preparation of definitive Securities of any seriesSeries or Issue, the Company may execute, and upon compliance with the Trustee requirements of Section 303 the Authenticating Agent shall authenticate and deliver, temporary Securities (Securities, which may be printed, lithographed lithographed, typewritten, photocopied or typewritten) otherwise produced, in any denomination, substantially of any authorized denomination. Such temporary Securities shall be substantially in the form tenor of the definitive Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as may be appropriate for temporary Securitiesmay, all as may consistently herewith, be determined by the Company. Every temporary Security 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 effectofficers executing such Securities, as the definitive Securities evidenced by their execution of such seriesSecurities. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all If temporary Securities of any Series or Issue are issued, the Company shall thereafter cause definitive Securities for such series may Series or Issue to be surrendered in exchange therefor (prepared without charge to unreasonable delay. After the holders)preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities, at the office or agency of the Company designated provided for the that purpose, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities the Company shall execute and the Trustee Authenticating Agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate therefor a like principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 3 contracts

Samples: Indenture (Anheuser Busch Companies Inc), Anheuser Busch Companies Inc, Anheuser Busch Companies Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesPhysical Securities, the Company may execute, execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Physical Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Securities of such seriesPhysical Securities. Without unnecessary delay unreasonable delay, the Company will shall execute and will furnish definitive deliver to the Trustee or such authenticating agent Physical Securities of such series (other than any Global Security) and thereupon any or all temporary Securities of such series (other than any Global Security) may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 4.02 and the Trustee or such authenticating agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless Physical Securities. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Physical Securities of such series authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Indenture (Arbor Realty Trust Inc), And (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable as registered securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will furnish shall furnish, at its expenses, definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purposepurpose pursuant to Section 3.2, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities. The Issuer shall not be obligated to issue definitive Securities of until it or the Trustee shall have received such series authenticated and delivered hereundertemporary Securities.

Appears in 3 contracts

Samples: Indenture (Trans World Gaming Corp), Value Partners LTD /Tx/, Trans World Gaming Corp

Temporary Securities. Pending the preparation of definitive Securities of for any seriesSeries, the Company may execute, execute and the Trustee shall authenticate and deliver, make available for delivery temporary Securities for such Series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form reasonably acceptable to the Trustee). Temporary Securities of any Series may be issued of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such Series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the reasonable concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will shall execute and will shall furnish definitive Securities securities of such series Series and thereupon any or all temporary Securities of such series Series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposethat purpose pursuant to Section 3.2, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal of such Series a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame Series of authorized denominations. Until so exchanged, the temporary Securities of such series any Series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSeries.

Appears in 3 contracts

Samples: Indenture (Wellpoint Health Networks Inc /Ca/), Indenture (FMC Corp), Wellpoint Health Networks Inc /Ca/

Temporary Securities. Pending the preparation of definitive Securities of any seriesin certificated form, the Company may execute, execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issuedcertificated form, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Securities of such seriesin certificated form. Without unnecessary delay unreasonable delay, the Company will execute and will furnish definitive deliver to the Trustee or such authenticating agent Securities of such series in certificated form and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 3.02 and the Trustee or such authenticating agent shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless in certificated form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Securities of such series in certificated form authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Indenture (Commscope Inc), Indenture (Canadian Solar Inc.), Andrew Corp

Temporary Securities. Pending the preparation of definitive Definitive Securities of for any series, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable as registered Securities without coupons of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesDefinitive Securities. Without unnecessary unreasonable delay the Company will shall execute and will shall furnish definitive Definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposethat purpose pursuant to Section 3.2, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series of authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits (but shall be subject to all the limitations of rights) under this Indenture as definitive Definitive Securities of such series authenticated and delivered hereunderseries.

Appears in 3 contracts

Samples: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)

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Temporary Securities. Pending the preparation of Until definitive Securities of any seriesare ready for delivery, the Company Issuer may prepare and execute, and and, upon receipt of an Issuer Order, the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denominationSecurities. Such temporary Temporary Securities shall be substantially in the form of definitive securities and have endorsed thereon the definitive Securities in lieu of which they are issuedGuarantee duly executed by each Guarantor, but with such omissions, insertions and may have variations as may be that the Issuer considers appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay unreasonable delay, the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose, Issuer shall prepare and the Trustee shall authenticate and such office or agency shall deliver definitive Securities in exchange for such temporary Securities an equal aggregate principal amount with Guarantee duly executed and endorsed thereon. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities of such seriesseries upon surrender of the temporary Securities to a Registrar, unless without charge to the Company advises Holder. Upon surrender for cancellation of any one or more temporary Securities, the Issuer shall execute and the Trustee to the effect that shall authenticate and deliver in exchange therefor one or more definitive Securities need not be with Guarantee duly executed and furnished until further notice from the Companyendorsed thereon, of any authorized denominations and of like tenor. Until so exchanged, the Holders of temporary Securities of such series shall be entitled to all of the same benefits under of this Indenture as definitive Securities of such series authenticated and delivered hereunderIndenture.

Appears in 3 contracts

Samples: Indenture (Northstar Realty), Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty Finance Corp.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee or an Authenticating Agent shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or an Authenticating Agent upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersSecurityholders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee or an Authenticating Agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee or an Authenticating Agent to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Indenture (AXA Equitable Holdings, Inc.), Indenture (Jackson Financial Inc.), Indenture (AXA Equitable Holdings, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company Issuer may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purpose, that purpose pursuant to Section 3.2 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.Securities

Appears in 2 contracts

Samples: Belco Oil & Gas Corp, Belco Oil & Gas Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, series the Company may execute, execute and the Trustee shall authenticate and deliver, make available for delivery temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will execute and will furnish deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the principal corporate trust office of the Trustee or at any office or agency of maintained by the Company designated for the purposesuch purpose as provided in Section 3.02, and the Trustee or the Authenticating Agent shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such series, unless Securities. Such exchange shall be made by the Company advises at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Trustee Company may require payment of a sum sufficient to the effect cover any tax, fee or other governmental charge that definitive Securities need not may be executed and furnished until further notice from the Companyimposed in relation thereto. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Citicorp), Indenture (Citicorp)

Temporary Securities. Pending the preparation of definitive Securities of any seriesDefinitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in the form of the definitive tenor of the Definitive Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such Securities may be appropriate for temporary determine, as evidenced by their execution of such Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and shall be authenticated and delivered by the Trustee upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Definitive Security or Securities in lieu of such serieswhich it is issued. Without unnecessary delay If temporary Securities are issued, the Company will execute and will furnish definitive cause Definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all Definitive Securities, the temporary Securities shall be exchangeable for Definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the any office or agency of the Company designated pursuant to Section 1003, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities the purpose, Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary therefor one or more Definitive Securities an equal aggregate of a like principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, exchanged the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderDefinitive Securities.

Appears in 2 contracts

Samples: Indenture (KCS Energy Inc), NCS Healthcare Inc

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced). Temporary Securities of any series shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Companyofficer or authorized signatory executing the temporary Securities, as evidenced by the execution of the temporary Securities. Temporary Securities may contain such reference to any provisions of the Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will execute and will furnish shall cause definitive Securities of such series to be prepared and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposethat purpose pursuant to Section 3.02, and the Company will execute and the Trustee shall will authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series in authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this the Indenture as definitive Securities of such series authenticated and delivered hereunderseries.

Appears in 2 contracts

Samples: Indenture (Flex Ltd.), Indenture (Flex Ltd.)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (which are printed, lithographed lithographed, typewritten or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in of the form tenor of the definitive Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such Securities may be appropriate for temporary determine, as conclusively evidenced by their execution of such Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and shall be authenticated and delivered by the Trustee upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Security or Securities in lieu of such serieswhich it is issued. Without unnecessary delay If temporary Securities are issued, the Company will execute and will furnish cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the purposeHolder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate therefor a like principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, exchanged the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 2 contracts

Samples: Indenture (Tri R of Orlando Inc), Indenture (Mallard & Mallard of La Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersSecurityholders), at the office or agency of the Company designated for the purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further written notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Repare Therapeutics Inc.), Indenture (Milestone Pharmaceuticals Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company and the Guarantor may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security of any series shall be executed by the Company and the Guarantor and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series. Without unnecessary delay the Company and the Guarantor will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Mediaone Finance Trust Ii), Indenture (Mediaone Finance Trust Vi)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSeries, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security of any series 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 Securities of such seriesSeries. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series Series and thereupon any or all temporary Securities of such series Series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company in the continental United States of America designated for the purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such seriesSeries, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series Series shall be entitled to the same benefits under this Indenture as definitive Securities of such series Series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: LHC Group, Inc, Pingtan Marine Enterprise Ltd.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed lithographed, typewritten or typewrittenotherwise produced) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Spectrum Pharmaceuticals Inc, Spectrum Pharmaceuticals Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, execute and register and upon Company Order the Trustee shall will authenticate and deliver, deliver temporary Securities (printed, lithographed lithographed, or typewritten) of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions insertions, and variations as may be appropriate for temporary Securities, all as may be determined by the Companyofficers executing such Securities as evidenced by their execution of such Securities; provided, however, that the Company will use reasonable efforts to have definitive Securities of that series available at the times of any issuance of Securities under this Indenture. Every temporary Security of any series shall will be executed and registered 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 Securities of such seriesSecurities. Without unnecessary delay the The Company will execute and will register and furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated in the Place of Payment for the purposethat series, and the Trustee shall will authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series one or more definitive Securities of the same series, of any authorized denominations, and of a like aggregate principal amount of definitive Securities of such series, unless and tenor. Such exchange will be made by the Company advises the Trustee at its own expense and without any charge to the effect that definitive Securities need not be executed and furnished until further notice from the CompanyHolder therefor. Until so exchanged, the temporary Securities of such any series shall will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Kingsway Financial Services Inc, Kingsway Financial Services Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesin certificated form, the Company may execute, execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon receipt of an Authentication Order, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issuedcertificated form, but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurity, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Securities of such seriesin certificated form. Without unnecessary delay unreasonable delay, the Company will execute and will furnish definitive deliver to the Trustee or such authenticating agent Securities of such series in certificated form and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 4.02 and the Trustee or such authenticating agent shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless in certificated form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Securities of such series in certificated form authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Viavi Solutions Inc.), Indenture (Viavi Solutions Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company Corporation may execute, and upon Corporation Order the Trustee Trustees shall authenticate and deliver, temporary Securities (which are printed, lithographed lithographed, typewritten or typewritten) of any authorized denominationotherwise produced. Such temporary Temporary Securities shall be issuable as registered Securities in any authorized denomination and substantially in the form forms of the definitive Securities in lieu of which they are issuedSecurities, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCorporation with the concurrence of the Trustees, as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provision of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Corporation and be authenticated by the Trustee Trustees upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary delay unreasonable delay, the Company will Corporation shall execute and will furnish deliver to the Trustees for authentication definitive Securities of such series Securities, and thereupon any or all temporary registered Securities of such series may be surrendered to a Transfer Agent in exchange therefor (for definitive registered Securities, without charge to the holders), at the office or agency of the Company designated for the purpose, and the charge. Each Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities so surrendered an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyin authorized denominations. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 2 contracts

Samples: sec.report, sec.report

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed litho graphed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposepurpose in the Borough of Manhattan, the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Anthracite Capital Inc), Indenture (Kmart Corp)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company Issuer shall prepare and may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable as registered securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyIssuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security of any series shall be executed by the Company Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will Issuer shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated Issuer for the purposepurpose pursuant to Section 3.2, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 2 contracts

Samples: Indenture (American Biltrite Inc), Indenture (Congoleum Corp)

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company TLGI may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by TLGI with the Companyconcurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every temporary Temporary Security of any series shall be executed by the Company TLGI and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such seriesSecurities. Without unnecessary reasonable delay the Company will TLGI shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of the Company designated to be maintained by TLGI for the purpose, that purpose pursuant to Section 4.02 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series having authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries, unless otherwise established pursuant to Section 2.01.

Appears in 2 contracts

Samples: Loewen Group International Inc, Loewen Group International Inc

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company may execute, execute and the Trustee shall shall, upon receipt of an Company Order, authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of the Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposethat purpose pursuant to Section 3.02, and the Trustee shall shall, upon receipt of an Company Order, authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series of authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this the Indenture as definitive Securities of such series authenticated and delivered hereunderseries.

Appears in 2 contracts

Samples: Palo Alto Networks Inc, Palo Alto Networks Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, execute and deliver and the Trustee Trustee, upon Company Direction and the satisfaction of the conditions set forth in Section 2.03 hereof, shall authenticate and deliver, deliver temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be denomination and substantially in the form of the definitive Securities in lieu of which they are issuedSecurities, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Temporary Securities may be issued without a recital of the specific redemption prices, if any, applicable to such Securities and may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary delay the The Company will shall execute and will furnish definitive Securities of such series as soon as practicable, and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposeCorporate Trust Office, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal amount at Stated Maturity of definitive Securities of such the same series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Sundstrand Corp /De/, Sundstrand Corp /De/

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company may execute, execute and the Trustee shall shall, upon receipt of a Company Order, authenticate and deliver, deliver temporary Securities for such series (printed, lithographed lithographed, typewritten or typewritten) otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable as registered Securities without coupons, of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyCompany with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of the Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will shall execute and will shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the each office or agency of to be maintained by the Company designated for the purposethat purpose pursuant to Section 3.02, and the Trustee shall shall, upon receipt of a Company Order, authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companysame series of authorized denominations. Until so exchanged, the temporary Securities of such any series shall be entitled to the same benefits under this the Indenture as definitive Securities of such series authenticated and delivered hereunderseries.

Appears in 2 contracts

Samples: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any seriesin certificated form, the Company may execute, execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issuedcertificated form, but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurity, all as may be determined by the Company. Every such temporary Security of any series Securities shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Securities of such seriesin certificated form. Without unnecessary delay unreasonable delay, the Company will execute and will furnish definitive deliver to the Trustee or such authenticating agent Securities of such series in certificated form and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 3.02 and the Trustee or such authenticating agent shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless in certificated form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Securities of such series in certificated form authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (GMX Resources Inc), Cash America International Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, execute and make available for delivery and the Trustee Trustee, upon Company Direction, shall authenticate and deliver, make available for delivery temporary Securities (printed, lithographed lithographed, or typewritten) ), of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issuedSecurities, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Temporary Securities may be issued without a recital of the specific redemption prices, if any, applicable tosuch Securities, and may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 Securities of such seriesSecurities. Without unnecessary delay the The Company will shall execute and will furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purposeCorporate Trust Office, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal a like aggregate principal amount at Stated Maturity of definitive Securities of such the same series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Corn Products International Inc, Corn Products International Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesPhysical Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (that are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in the form of the definitive tenor of the Physical Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities; provided that any such temporary Securities shall bear the legends on the face of such Securities as set forth in Exhibit A. If temporary Securities are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive cause Physical Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all Physical Securities, the temporary Securities shall be exchangeable for Physical Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the any office or agency of the Company designated pursuant to Section 5.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the purpose, Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount therefor a like Principal Amount of definitive Physical Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed authorized denominations and furnished until further notice from the Companytenor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderPhysical Securities.

Appears in 2 contracts

Samples: Indenture (Convergys Corp), Indenture (Convergys Corp)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, the Guarantors may endorse Guarantees on, and upon Company Order the Trustee shall authenticate and deliver, deliver temporary Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in of the form tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the purposeHolder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute, the Guarantors shall endorse Guarantees on, and upon Company Order the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate therefor a like principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 2 contracts

Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Partnership may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the CompanyPartnership. Every temporary Security of any series shall be executed by the Company Partnership and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series. Without unnecessary delay delay, the Company Partnership will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company Partnership designated for the purpose, such purpose and the Trustee shall authenticate authenticate, and such office or agency shall deliver in exchange for such temporary Securities Securities, an equal aggregate principal amount of definitive Securities of such series, unless the Company Partnership advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the CompanyPartnership. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Suburban Propane Partners Lp, Suburban Propane Partners Lp

Temporary Securities. Pending the preparation of Securities in definitive Securities of any seriesform, the Company may execute, execute and the Trustee shall shall, upon written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, definitive form but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the Securities in definitive Securities of such seriesform. Without unnecessary delay unreasonable delay, the Company will execute and will furnish deliver to the Trustee Securities in definitive form (other than in the case of Securities of such series in global form) and thereupon any or all temporary Securities of (other than any such series Securities in global form) may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 9.3 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of Securities in definitive Securities of such series, unless form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Securities in definitive Securities of such series form authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (First American Financial Corp), Indenture (Foster Wheeler LTD)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee or an Authenticating Agent shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or an Authenticating Agent upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holdersSecurityholders), at the office or agency of the Company designated for the purposepurpose in a Place of Payment, and the Trustee or an Authenticating Agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee or an Authenticating Agent to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: And (SiriusPoint LTD), SiriusPoint LTD

Temporary Securities. Pending the preparation of Securities in definitive Securities of any seriesform, the Company may execute, execute and the Trustee shall shall, upon written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, definitive form but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the Securities in definitive Securities of such seriesform. Without unnecessary delay unreasonable delay, the Company will execute and will furnish deliver to the Trustee Securities in definitive form (other than in the case of Securities of such series in global form) and thereupon any or all temporary Securities of (other than any such series Securities in global form) may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 9.02 and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of Securities in definitive Securities of such series, unless form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Securities in definitive Securities of such series form authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Lifetime Brands, Inc, Indenture (Dov Pharmaceutical Inc)

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities (that are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in of the form tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities; provided, that any such temporary Securities shall bear legends on the face of such Securities as set forth in Section 2.02. If temporary Securities are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the any office or agency of the Company designated pursuant to Section 4.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the purpose, Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate therefor a like principal amount of definitive Physical Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderPhysical Securities.

Appears in 2 contracts

Samples: Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated maintained for the purposepurpose of exchanges of Securities of such series, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Computer Sciences Corp), Computer Sciences Corp

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Securities (printedtyped, lithographed printed or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security 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 the same effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will execute and will furnish deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the Principal Office of the Trustee or at any office or agency of maintained by the Company designated for the purposesuch purpose as provided in Section 3.02, and the Trustee or the Authenticating Agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such series, unless Securities. Such exchange shall be made by the Company advises at its own expense and without any charge therefor except that in case of any such exchange involving a registration of transfer the Trustee Company may require payment of a sum sufficient to the effect cover any tax, fee or other governmental charge that definitive Securities need not may be executed and furnished until further notice from the Companyimposed in relation thereto. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (James River Group, INC), Indenture (James River Group, INC)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denomination. Such temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay delay, the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the such purpose, and the Trustee shall authenticate authenticate, and such office or agency shall deliver in exchange for such temporary Securities Securities, an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such series shall be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Anadigics Inc, Anadigics Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesSecurities, the Company may execute, the Guarantors may endorse Guarantees on, and upon Company Order the Trustee shall authenticate and deliver, deliver temporary Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten) of otherwise produced, in any authorized denomination. Such temporary Securities shall be , substantially in of the form tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay the Company will execute and will furnish cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of such series may be surrendered in exchange therefor (without charge to the holders), temporary Securities at the office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the purposeHolder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute, the Guarantors shall endorse Guarantees on, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate therefor a like principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Companyauthorized denominations. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 2 contracts

Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/

Temporary Securities. Pending the preparation and delivery of definitive Certificated Securities of any series, the Company may execute, execute and upon Company Order the Trustee shall authenticate and deliver, make available for delivery temporary Certificated Securities (printed, lithographed or typewritten) of any authorized denominationsuch series. Such temporary Temporary Securities shall be substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions and may have variations as may be that the Company considers appropriate for temporary Securities, all including such reference to any provisions of this Indenture as may be determined by appropriate. Without unreasonable delay, the Company. Every temporary Security of any series Company shall prepare and execute and upon Company Order the Trustee shall authenticate definitive Securities; provided, that such execution and authentication 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 for the definitive Securities of such series. Without unnecessary delay After the Company will execute and will furnish preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities of such series and thereupon any or all upon surrender of the temporary Securities of at any office or agency maintained by the Company for that purpose and such series may exchange shall be surrendered in exchange therefor (without charge to the holders)Holder. Upon surrender for cancellation of any one or more temporary Securities, at the office or agency of the Company designated for shall execute and, upon Company Order and delivery to the purposeTrustee of any other documents and certificates required by this Indenture, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of therefor one or more definitive Securities of such series representing an equal Principal Amount of Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the Holder of temporary Securities of such series shall in all respects be entitled to the same benefits under this Indenture as a Holder of definitive Securities of such series authenticated and delivered hereunderSecurities.

Appears in 2 contracts

Samples: Indenture (A.W. Realty Company, LLC), Indenture (Southwestern Energy Co)

Temporary Securities. Pending the preparation of definitive Definitive Securities of any seriesin certificated form, the Company may execute, execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, authenticate and deliver, make available for delivery temporary Securities. Temporary Securities (printed, lithographed or typewritten) of shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Definitive Securities in lieu of which they are issuedcertificated form, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Definitive Securities of such seriesin certificated form. Without unnecessary unreasonable delay the Company will execute and will furnish definitive deliver to the Trustee or such authenticating agent Definitive Securities in certificated form (other than in the case of such series Securities in global form) and thereupon any or all temporary Securities (other than in the case of such series Securities in global form) may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 4.2 and the Trustee or such authenticating agent shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Definitive Securities of such series, unless in certificated form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Definitive Securities of such series in certificated form authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Mueller Industries Inc)

Temporary Securities. Pending the preparation of definitive Securities of any seriesin certificated form, the Company may execute, execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, authenticate and deliver, deliver temporary Securities (printed, lithographed typewritten or typewritten) of lithographed). Temporary Securities shall be issuable in any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issuedcertificated form, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Every such temporary Security of any series shall be executed by the Company and be authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Securities of such seriesin certificated form. Without unnecessary unreasonable delay the Company will execute and will furnish definitive deliver to the Trustee or such authenticating agent Securities of such series in certificated form and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the each office or agency of maintained by the Company designated for the purpose, pursuant to Section 5.2 and the Trustee or such authenticating agent shall authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless in certificated form. Such exchange shall be made by the Company advises the Trustee to the effect that definitive Securities need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Securities of such series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive Securities of such series in certificated form authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates Inc)

Temporary Securities. Pending the preparation of Until definitive Securities of any seriesare ready for delivery, the Company Issuer may prepare and execute, and and, upon receipt of an Issuer Order, the Trustee shall authenticate and deliver, temporary Securities (printed, lithographed or typewritten) of any authorized denominationSecurities. Such temporary Temporary Securities shall be substantially in the form of definitive securities and have endorsed thereon the definitive Securities in lieu of which they are issuedGuarantees duly executed by the Guarantor, but with such omissions, insertions and may have variations as may be that the Issuer considers appropriate for temporary Securities, all as may be determined by the Company. Every temporary Security 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 Securities of such series. Without unnecessary delay unreasonable delay, the Company will execute and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose, Issuer shall prepare and the Trustee shall authenticate and such office or agency shall deliver definitive Securities in exchange for such temporary Securities an equal aggregate principal amount with Guarantees duly executed and endorsed thereon. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities of such seriesseries upon surrender of the temporary Securities to a Registrar, unless without charge to the Company advises Holder. Upon surrender for cancellation of any one or more temporary Securities, the Issuer shall execute and the Trustee to the effect that shall authenticate and deliver in exchange therefor one or more definitive Securities need not be with Guarantees duly executed and furnished until further notice from the Companyendorsed thereon, of any authorized denominations and of like tenor. Until so exchanged, the Holders of temporary Securities of such series shall be entitled to all of the same benefits under of this Indenture as definitive Securities of such series authenticated and delivered hereunderIndenture.

Appears in 1 contract

Samples: Indenture (Northstar Realty)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, execute and the Trustee shall shall, upon the written order of the Company, authenticate and deliver, deliver temporary Securities of such series (printed, lithographed printed or typewrittenlithographed) of any authorized denomination. Such temporary Securities shall be denomination and substantially in the form of the definitive Securities in lieu of which they are issuedsuch series, but with or without a recital of specific Redemption Prices or conversion provisions and with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security 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 the same effect, as the definitive Securities of such seriesSecurities. Without unnecessary unreasonable delay the Company will execute and will furnish deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders)therefor, at the office offices or agency of agencies to be maintained by the Company designated for as provided in Section 4.2 with respect to the purposeSecurities of such series, and the Trustee shall shall, upon the written order of the Company, authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series, unless the Company advises the Trustee to the effect that definitive Securities need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Securities of such any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Dominion Resources Inc /Va/

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, execute and register and upon Company Order the Trustee shall will authenticate and deliver, deliver temporary Securities (printed, lithographed lithographed, or typewritten) ), of any authorized denomination. Such temporary Securities shall be , and substantially in the form of the definitive Securities in lieu of which they are issued, but with such omissions, insertions insertions, and variations as may be appropriate for temporary Securities, all as may be determined by the Companyofficers executing such Securities as evidenced by their execution of such Securities; provided, however, that the Company will use reasonable efforts to -------- ------- have definitive Securities of that series available at the times of any issuance of Securities under this Indenture. Every temporary Security of any series shall will be executed and registered 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 Securities of such seriesSecurities. Without unnecessary delay the The Company will execute and will register and furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated in the Place of Payment for the purposethat series, and the Trustee shall will authenticate and such office or agency shall deliver in exchange for such temporary Securities an equal of such series one or more definitive Securities of the same series, of any authorized denominations, and of a like aggregate principal amount of definitive Securities of such series, unless and tenor. Such exchange will be made by the Company advises the Trustee at its own expense and without any charge to the effect that definitive Securities need not be executed and furnished until further notice from the CompanyHolder therefor. Until so exchanged, the temporary Securities of such any series shall will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Dow Corning Corp

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