Temporary Senior Notes. (a) Pending the preparation of definitive Senior Notes, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Senior Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Senior Notes may determine, as evidenced by their execution of such Senior Notes. (b) If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and, upon receipt of a Company Order, the Trustee shall authenticate and deliver in exchange therefor one or more definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notes. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.
Appears in 6 contracts
Sources: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior NotesNotes as provided in Section 201, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor of as the definitive Senior Notes in lieu of which they are issued and issued, with such appropriate insertions, omissions, substitutions and other variations as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes.
(b) Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303. If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and, upon receipt of a Company Order, and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notesdenominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.
Appears in 5 contracts
Sources: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior Definitive Notes, the Company Owner Trustee may execute, on behalf of the Issuer, and upon Company Order receipt of an Issuer Order, the Indenture Trustee shall authenticate and deliver, temporary Senior Notes that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Senior Definitive Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations not inconsistent with the terms of this Indenture as the officers executing such Senior Notes may determine, as evidenced by their execution of such Senior Notes.
(b) . If temporary Senior Notes are issued, the Company will Issuer shall cause definitive Senior Definitive Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Definitive Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Definitive Notes upon surrender of the such temporary Senior Notes at the office or agency of the Company designated for that purpose Issuer to be maintained as provided in Section 3.02, without charge to the Holderrelated Senior Noteholder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company Owner Trustee shall execute andexecute, upon receipt on behalf of a Company Orderthe Issuer, and the Indenture Trustee shall authenticate and deliver in exchange therefor one or more definitive Senior therefor, a like principal amount of Definitive Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notesdenominations. Until so exchanged, the such temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Definitive Notes.
Appears in 3 contracts
Sources: Indenture (BMW Vehicle Lease Trust 2000-A), Indenture (Ryder Truck Rental I Lp), Indenture (Ryder Truck Rental I Lp)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior Notes, the Company may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Senior Notes that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Senior Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Senior Notes may determine, as evidenced by their execution of such Senior Notes.
(b) . If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that purpose in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, Notes the Company shall execute and, upon receipt of a Company Order, and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity of a like aggregate principal amount and having the same terms as such temporary Senior Notestenor. Until so exchanged, exchanged the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior NotesNotes of such tenor.
Appears in 3 contracts
Sources: Indenture (Resource America Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior Notes, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Senior Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Senior Notes may determine, as evidenced by their execution of such Senior Notes.
(b) If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and, upon receipt of a Company Order, and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notes. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.
Appears in 3 contracts
Sources: Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Medical Properties Trust Inc)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior NotesNotes of any series, the Company Issuer may execute, and and, upon Company Order Issuer Order, the Trustee shall authenticate and deliver, temporary Senior Notes that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Senior Notes of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Officer or Officers executing such Senior Notes may determine, as evidenced by their execution of such Senior Notes.
(b) thereof. If temporary Senior Notes of any series are issued, the Company Issuer will cause definitive Senior Notes of such series to be prepared without unreasonable delay. After the preparation of definitive Senior NotesNotes of such series, the temporary Senior Notes of such series shall be exchangeable for definitive Senior Notes of such series upon surrender of the temporary Senior Notes of such series at the office or agency of the Company designated Issuer in a Place of Payment for that purpose such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior NotesNotes of any series, the Company Issuer shall execute and, upon receipt of a Company Order, and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Senior Notes of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity of like tenor and having the same terms as such temporary Senior Notesaggregate principal amount. Until so exchanged, the temporary Senior Notes of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Senior NotesNotes of such series and tenor.
Appears in 2 contracts
Sources: Senior Note Indenture (Agco Corp /De), Senior Note Indenture (AGCO International GmbH)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior Notes, the Issuer and the Company may execute, and upon a Company Order of the Issuer, the Trustee shall authenticate and delivermake available for delivery, temporary Senior Notes that which are printed, lithographed, typewritten, mimeographed mimeographed, or otherwise produced, in any authorized denomination, substantially of in the tenor of the definitive Senior Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes.
(b) . If temporary Senior Notes are issued, the Company Issuer will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that purpose Issuer in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Issuer and the Company shall execute and, upon receipt of a Company Order, and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notesof like tenor. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.
Appears in 2 contracts
Sources: Indenture (Ibp Inc), Indenture (Stone Container Corp)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior Notes, the Company may executeexecute and deliver to the Trustee and, and upon Company Order Order, the Trustee shall will authenticate and deliver, in the manner provided in Section 303, temporary Senior Notes that in lieu thereof which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Senior Notes in lieu of which they are issued issued, in registered form, without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes.
(b) If . Such temporary Senior Notes may be in global form. Except in the case of temporary Senior Notes in global form, which will be exchanged in accordance with the provisions set forth in this Indenture or the provisions established in accordance with Section 204, if temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After Except as otherwise provided in or under this Indenture, after the preparation of definitive Senior Notes of the same Series and containing terms and provisions that are identical to those of any temporary Senior Notes, the such temporary Senior Notes shall will be exchangeable for such definitive Senior Notes upon surrender of the such temporary Senior Notes at the an office or agency of the Company designated for that purpose such Senior Notes, without charge to the Holderany Holder thereof. Upon Except as otherwise provided in or under this Indenture, upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall will execute and, upon receipt of a Company Order, and the Trustee shall will authenticate and deliver in exchange therefor one or more a like principal amount of definitive Senior Notes of any authorized denominations having of the same Original Issue Date Series and Stated Maturity containing identical terms and having the same terms as such provisions. Unless otherwise provided in or under this Indenture with respect to a temporary global Senior Notes. Until Note, until so exchanged, exchanged the temporary Senior Notes shall of any Series will in all respects be entitled to the same benefits under this Indenture as definitive Senior NotesNotes of such Series.
Appears in 2 contracts
Sources: Senior Debt Indenture (Guaranty Bancshares Inc /Tx/), Senior Debt Indenture (Guaranty Bancshares Inc /Tx/)
Temporary Senior Notes. (a) Pending the preparation of definitive Definitive Senior Notes, the Company Lease Trustee may execute, on behalf of the Lease Trust, and upon Company receipt of an Issuer Order the Indenture Trustee shall authenticate and deliver, temporary Senior Notes that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Senior Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations not inconsistent with the terms of this Indenture as the officers executing such the temporary Senior Notes may determine, as evidenced by their execution of such temporary Senior Notes.
(b) . If temporary Senior Notes are issued, the Company Lease Trust will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that purpose Lease Trustee to be maintained as provided in Section 3.2, without charge to the HolderSenior Noteholder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and, upon receipt of a Company Order, the Trustee shall authenticate and deliver in exchange therefor one or more definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notes. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.tempo-
Appears in 1 contract
Sources: Indenture (RCL Trust 1996 1)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior Notes, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Senior Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes.
(b) . If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and, upon receipt of a Company Order, and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notesdenominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.
Appears in 1 contract
Temporary Senior Notes. (a) Pending the preparation of definitive Senior Notes, the Company Lease Trustee may execute, on behalf of the Lease Trust, and upon Company receipt of an Issuer Order the Indenture Trustee shall authenticate and deliver, temporary Senior Notes that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Senior Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations not inconsistent with the terms of this Indenture as the officers executing such the temporary Senior Notes may determine, as evidenced by their execution of such temporary Senior Notes.
(b) . If temporary Senior Notes are issued, the Company Lease Trust will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that purpose Lease Trustee to be maintained as provided in Section 3.2, without charge to the HolderSenior Noteholder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company Lease Trustee shall execute andexecute, upon receipt on behalf of a Company Orderthe Lease Trust, and the Indenture Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notesdenominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.
Appears in 1 contract
Sources: Indenture (Fcal LLC)
Temporary Senior Notes. (a) Pending the preparation of definitive Senior Notes, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Senior Notes in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes.
(b) . If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for that such purpose pursuant to Section 10.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and, upon receipt of a Company Order, and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Senior Notes of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Senior Notesdenominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.
Appears in 1 contract