Common use of Temporary Securities Clause in Contracts

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 14 contracts

Sources: Indenture (Sonic Automotive Inc), Indenture (Sonic Automotive Inc), Exhibit (Sonic Automotive Clearwater Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 11 contracts

Sources: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 10 contracts

Sources: Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp), Indenture (Affymetrix Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 10 contracts

Sources: Indenture (Virgin Media Inc.), Indenture (Hercules Offshore, Inc.), Indenture (St Paul Companies Inc /Mn/)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 10 contracts

Sources: Indenture (Sohu Com Inc), Indenture (Computer Associates International Inc), Indenture (Yahoo Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like tenor and principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 10 contracts

Sources: Indenture (Nextlink Communications Inc / De), Indenture (Xo Communications Inc), Indenture (Nextlink Communications Inc /De/)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 7 contracts

Sources: Indenture (Corporacion Durango Sa De Cv/), Indenture (Durango Corp), Indenture (Commerce Security Bancorp Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 7 contracts

Sources: Indenture (Cuc International Inc /De/), Indenture (Tech Data Corp), Indenture (Interim Services Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 6 contracts

Sources: Annual Report, Exhibit (Brooks Pharmacy, Inc.), Indenture (Republic Services Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities Securities, at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 6 contracts

Sources: Indenture (Fleetwood Enterprises Inc/De/), Indenture (Fleetwood Capital Trust Iii), Indenture (Fleetwood Enterprises Inc/De/)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 5 contracts

Sources: Indenture (Titan Wheel International Inc), Indenture (Jo-Ann Stores Inc), Indenture (Ingles Markets Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount at Maturity of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 5 contracts

Sources: Indenture (Anixter International Inc), Indenture (Affiliated Managers Group Inc), Indenture (Idec Pharmaceuticals Corp / De)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsdenominations and of a like tenor. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 5 contracts

Sources: Indenture (Group Maintenance America Corp), Indenture (Miller Mechanical Contractors Inc), Indenture (Group Maintenance America Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 5 contracts

Sources: Indenture (Endeavour Silver Corp), Indenture (Endeavour Silver Corp), Indenture (Minefinders Corp Ltd.)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 5 contracts

Sources: Indenture (Power Solutions International, Inc.), Consent Agreement (Blyth Inc), Supplemental Indenture (Blyth Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Original Principal Amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 5 contracts

Sources: Indenture (DST Systems Inc), Indenture (Wells Fargo & Co/Mn), Indenture (Lockheed Martin Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Sources: Indenture (Texas Unwired), Indenture (Texas Unwired), Indenture (Rural Cellular Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03 or 4.05, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Sources: Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network Inc), Indenture (Brightpoint Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Sources: Indenture (Yellow Roadway Corp), Indenture (Grey Wolf Inc), Indenture (Murco Drilling Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Sources: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)

Temporary Securities. Pending the preparation of definitive Physical Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive 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 conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Physical Securities to be prepared without unreasonable delay. After the preparation of definitive Physical Securities, the temporary Securities shall be exchangeable for definitive Physical Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Physical Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Physical Securities.

Appears in 4 contracts

Sources: Indenture (Jaguar Mining Inc), Indenture (Biovail Corp International), Indenture (Biovail Corp International)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will shall cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Sources: Indenture (Ingram Micro Inc), Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are typewritten, printed, lithographed, typewritten lithographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Sources: Indenture (Warnaco Group Inc /De/), Indenture (Designer Holdings LTD), Indenture (Finova Finance Trust)

Temporary Securities. Pending the preparation of definitive Securities, the Company may executeexecute and, and upon Company Order Order, the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Sources: Indenture (Vector Group LTD), Indenture (Vector Group LTD), Indenture (Vector Group LTD)

Temporary Securities. Pending the preparation of definitive Securities, the Company Issuer may execute, and upon Company Issuer Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company Issuer will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company Issuer designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, the Company Issuer shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like tenor and principal amount at maturity of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Sources: Indenture (RSL Communications LTD), Indenture (RSL Communications LTD), Indenture (RSL Communications LTD)

Temporary Securities. Pending the preparation of definitive -------------------- Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03 or 4.05, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Times Mirror Co /New/), Indenture (Merrill Lynch Preferred Capital Trust V), Indenture (Merrill Lynch Preferred Funding Vi L P)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Hearst Argyle Television Inc), Indenture (Interim Services Inc), Indenture (Medarex Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10024.02 hereof, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Barrett Resources Corp), Indenture (Newfield Exploration Co /De/), Indenture (Barrett Resources Corp)

Temporary Securities. Pending the preparation of definitive SecuritiesSecurities of any Series, the Company Publishing may execute, and upon Company a Publishing Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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 of any Series are issued, the Company Publishing will cause definitive Securities to be prepared without unreasonable delay. After the 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 Publishing designated for such purpose pursuant to Section 100210.02 (or in accordance with Section 3.03, in the case of the initial Securities), without charge to the HolderHolders thereof. Upon surrender for cancellation of any one or more temporary Securities, the Company Publishing shall execute and upon a Publishing Order the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of such Series of authorized 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.

Appears in 3 contracts

Sources: Indenture (Hollinger International Inc), Senior Subordinated Indenture (Hollinger International Publishing Inc), Senior Indenture (Hollinger International Publishing Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Network Associates Inc), Indenture (Network Associates Inc), Indenture (Atmel Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Issuer Tender Offer Statement, Indenture (Chemed Capital Trust), Indenture (Chemed Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsdenominations and of a like tenor. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (United Rentals Inc /De), Indenture (United Rentals Gulf Inc), Indenture (United Rentals North America Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may executeexecute and, and upon Company Order Order, the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.3, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsdenominations representing a like principal amount. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Continental Airlines Inc /De/), Indenture (Carriage Services Inc), Indenture (Hanover Compressor Capital Trust)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities Securities, which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securitiessecurities. For purposes of this Section 304, each Global Security shall be considered a definitive Security.

Appears in 3 contracts

Sources: Indenture (National Data Corp), Indenture (Reptron Electronics Inc), Indenture (Budget Group Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securitiessecurities.

Appears in 3 contracts

Sources: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Bryan College Station Financial Holding Co), Subordinated Debenture Indenture (Southern Investments Uk Capital Trust I), Subordinated Debenture Indenture (PPL Electric Utilities Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, photocopied or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount at Maturity of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Omnicom Group Inc), Indenture (Omnicom Capital Inc), Indenture (Omnicom Group Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100211.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities. For purposes of this Section 3.4, each Global Security shall be considered a definitive Security.

Appears in 3 contracts

Sources: Indenture (Aspen Technology Inc /De/), Indenture (Homebase Inc), Indenture (MRV Communications Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.3, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Pg&e Corp), Indenture (Alloy Inc), Indenture (Interstate Bakeries Corp/De/)

Temporary Securities. Pending the preparation of definitive Securities, the Company may executeexecute and, and upon Company Order Order, the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographedlithographed typewritten, typewritten mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsdenominations and like tenor. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Navistar International Corp /De/New), Indenture (Navistar Financial Corp), Indenture (Navistar International Corp /De/New)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount at maturity of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Sources: Indenture (Level 3 Communications Inc), Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Kaydon Corp), Indenture (Kaydon Corp)

Temporary Securities. Pending the preparation of definitive SecuritiesSecurities complying with the requirements of Section 2.01, if necessary, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Calpine Corp), Indenture (Calpine Corp)

Temporary Securities. Pending the preparation of definitive Securities, if any, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Microsoft Corp), Indenture (Microsoft Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company Issuer may execute, and upon Company Issuer Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company Issuer will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company Issuer designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, the Company Issuer shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like tenor and principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (RSL Communications LTD), Indenture (RSL Communications LTD)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Calpine Capital Trust), Indenture (Dt Industries Inc)

Temporary Securities. Pending the preparation of definitive Definitive Securities, the Company Operating Partnership may execute, and upon Company Order receipt of the documents required by Section 303, together with an Operating Partnership Order, the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive 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 Securitiesissued. If temporary Securities are issued, the Company Operating Partnership will cause definitive Definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for such purpose Operating Partnership maintained pursuant to Section 10021002 for the purpose of exchanges of Securities, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company Operating Partnership shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor one or more Definitive Securities, of any authorized denominations and of a like aggregate principal amount of definitive Securities of authorized denominationsand tenor. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive SecuritiesDefinitive Securities of such tenor.

Appears in 2 contracts

Sources: Indenture (Sunoco Logistics Partners Lp), Indenture (Sunoco Logistics Partners Lp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100211.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with shall, upon receipt of a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Oscient Pharmaceuticals Corp), Indenture (Guardian II Acquisition CORP)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002902, without charge to the HolderHolders thereof. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Playtex Products Inc), Indenture (Playtex Products Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Securities and Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this the Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Cii Financial Inc), Indenture (Cii Financial Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount at maturity of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Brinker International Inc), Indenture (General Mills Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee Trustees shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the either Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Intrawest Corp), Indenture (Intrawest Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 100210.2 hereof, without charge to the HolderHolders. Upon surrender for cancellation of any one or more temporary Securities, the Company and each Subsidiary Guarantor shall execute and and, upon Company Order, the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsdenominations and of like tenor and aggregate principal amount. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Brazos Sportswear Inc /De/), Indenture (Willcox & Gibbs Inc /De)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will shall cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.3, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Atmel Corp), Indenture (Atmel Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are typewritten, printed, lithographed, typewritten lithographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Walbro Capital Trust), Indenture (Walbro Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.3, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount at Maturity of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Cendant Corp), Indenture (Cendant Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.3, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Artesyn Technologies Inc), Indenture (Memberworks Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsdenominations and of a like tenor. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Nextel Communications Inc), Indenture (Nextel Communications Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order receipt of an Company's Order, the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Inacom Corp), Indenture (Vanstar Financing Trust)

Temporary Securities. Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Georgia Gulf Corp /De/), Indenture (Georgia Gulf Corp /De/)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Calenergy Co Inc), Indenture (Calenergy Capital Trust Iii)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Convertible Subordinated Notes Agreement (America Online Inc), Convertible Subordinated Notes Agreement (Rite Aid Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Registered Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Registered Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will shall cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 10028.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Cell Therapeutics Inc), Indenture (Asm International N V)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002Section1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like tenor and principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Granite Broadcasting Corp), Indenture (Granite Broadcasting Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with Trustee, upon receipt of a Company Order for the authentication of such Securities) Order, shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount at Maturity of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (TJX Companies Inc /De/), Indenture (Neuberger Berman Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities securities at the office or agency of the Company designated for such purpose pursuant to Section 10021102, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Hallwood Group Inc), Indenture (Hallwood Group Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Baytex Energy LTD), Indenture (Baytex Energy LTD)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall shall, as soon as practicable thereafter, authenticate and make available for deliverydeliver, temporary Securities, which Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Securitiesthereof. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon receipt of notice of surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall shall, as soon as practicable thereafter, authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Sources: Indenture (Rite Aid Corp), Indenture (Rite Aid Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (510152 N B LTD)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10021002 (or in accordance with Section 303, in the case of initial Securities), without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Accreted Value of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Loehmanns Holdings Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10021002 (or in accordance with Section 303, in the case of initial Securities), without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Loehmanns Holdings Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities, which Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities 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 Securitiesthereof. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities Securities, upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Oaktree Capital Group, LLC)

Temporary Securities. Pending the preparation of definitive Securities, the Company Issuers may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company Issuers will cause definitive Securities to be prepared without unreasonable delay. After the 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 Issuers designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Issuers shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Lower Road Associates LLC)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Packard Bioscience Co)

Temporary Securities. Pending the preparation of definitive Securities, the Company Issuer may execute and the Guarantors may execute, and upon Company Issuer Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company Issuer will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company Issuer designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company Issuer shall execute and the Guarantors shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Regency Centers Lp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Seacor Holdings Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and the Trustee upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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. . (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with upon receipt of a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount at Maturity of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Eaton Vance Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Convertible Notes Agreement (Rite Aid Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like aggregate principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Phoenix Duff & Phelps Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Intermagnetics General Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company Issuers may execute, and upon Company Issuer Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company Issuers will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company Issuers designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company Issuers shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Voicestream Wireless Corp /De)

Temporary Securities. Pending the preparation of -------------------- definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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 Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03 or 4.05, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Hewlett Packard Co)

Temporary Securities. Pending the preparation of definitive Securities, the Company Issuer may execute and the Guarantor may execute, and upon Company Issuer Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company Issuer will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company Issuer designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company Issuer shall execute and the Guarantor shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsdenominations and of like tenor and aggregate principal amount. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive SecuritiesSecurities of such tenor.

Appears in 1 contract

Sources: Indenture (Regency Centers Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a one or more definitive Securities, of any authorized denominations and like aggregate principal amount of definitive Securities of authorized denominationsand tenor. Until so exchanged in full as hereinafter provided, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive SecuritiesSecurities of like tenor authenticated and delivered hereunder.

Appears in 1 contract

Sources: Indenture (Cme Group Inc.)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Securities and Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Sierra Health Services Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, ---- without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount at Maturity of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Health Management Associates Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and the Guarantors may endorse and, upon Company Order Order, the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.3, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute execute, the Guarantors shall endorse and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Gtech Holdings Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will shall cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03 hereof, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with upon receipt of a Company Order for the authentication of such Securities) Trustee shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Hanover Compressor Co /)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and the Trustee upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with upon receipt of a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount at Maturity of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Franklin Resources Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company Issuers may execute, and upon Company Issuer Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company Issuers will cause definitive Securities to be prepared without unreasonable delay. After the 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 Issuers designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Issuers shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Restructuring Agreement (Upc Polska Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions substitu- tions 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsdenominations and of a like tenor. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (United Rentals Inc /De)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary 27 20 Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Borg Warner Automotive Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10022.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (LNR Property Corp)

Temporary Securities. Pending the preparation of definitive Securities, the Company Issuer may execute, and upon Company Issuer Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities, which Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities 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 Securitiesthereof. If temporary Securities are issued, the Company Issuer will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company Issuer designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company Issuer shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as the definitive Securities.

Appears in 1 contract

Sources: Indenture (Lexmark International Inc /Ky/)

Temporary Securities. Pending the preparation of definitive Securities, the Company and the Guarantor may execute, and upon Company Order the Trustee shall authenticate and make available for delivery, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery in exchange therefor a like principal amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (American Annuity Group Capital Trust Ii)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten or otherwise produced, in any authorized denomination, produced substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the 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 for such purpose pursuant to Section 10021002 (or in accordance with Section 303, in the case of initial Securities), without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationsSecurities. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Loehmanns Holdings Inc)

Temporary Securities. Pending the preparation of definitive Securities, the Company may execute, and upon receipt of the Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the 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, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for such purpose pursuant to Section 100212.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount Principal Amount of definitive Securities of authorized denominations. Until so exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Sources: Indenture (Gold Reserve Inc)

Temporary Securities. Pending the preparation of definitive Securities, Securities the Company may execute, and upon Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Securities which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and issued, 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, the Company will cause definitive Securities to be prepared issued without unreasonable delay. After the preparation of definitive Securities, Securities the temporary Securities shall be exchangeable exchangeable, without charge to the Holder thereof, for definitive Securities upon surrender of the such temporary Securities at the office or agency of the Company designated for such purpose maintained pursuant to Section 1002, without charge to the Holder402 in a Place of Payment for such Securities. Upon such surrender for cancellation of any one or more temporary Securities, the Company shall shall, except as aforesaid, execute and the Trustee (in accordance with a Company Order for the authentication of such Securities) shall authenticate and make available for delivery deliver in exchange therefor a like principal amount of definitive Securities of authorized denominationslike tenor. Until so exchanged the in full as hereinabove provided, temporary Securities shall in all respects be entitled to the same benefits under this Indenture Agreement as definitive SecuritiesSecurities of like tenor authenticated and delivered hereunder.

Appears in 1 contract

Sources: Contingent Value Obligation Agreement (Carolina Power & Light Co)