Common use of Cancellation and Destruction of Surrendered Securities Clause in Contracts

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for payment, redemption, transfer, conversion or exchange, or for credit against any payment in respect of a sinking or analogous fund, if any, shall, if surrendered to the Company, the Trustee or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it and thereafter disposed of by it as directed by the Company, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled Securities in accordance with applicable laws and procedures, and deliver a certificate of destruction thereof to the Company. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, at its option shall deliver or surrender the same to the Trustee for cancellation.

Appears in 7 contracts

Samples: Senior Indenture (Achieve Life Sciences, Inc.), Indenture (Biolife Solutions Inc), Indenture (Oncogenex Pharmaceuticals, Inc.)

AutoNDA by SimpleDocs

Cancellation and Destruction of Surrendered Securities. All Securities and Coupons surrendered for payment, redemption, transfer, conversion or exchange, or for credit against any payment in respect of a sinking or analogous fund, if any, shall, if surrendered to the Company, the Trustee or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it and thereafter disposed of by it as directed by the Company, and no Securities or Coupons shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled Securities in accordance with applicable laws and procedures, Coupons and deliver a certificate of destruction thereof to the Company unless by an Officer's Certificate of the Company, the Company shall direct that canceled Securities be returned to it. If the Company shall purchase or otherwise acquire any of the SecuritiesSecurities and Coupons, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities or Coupons unless and until the Company, at its option shall deliver or surrender the same to the Trustee for cancellation.

Appears in 5 contracts

Samples: Indenture (Lexar Media Inc), Flextronics International LTD, Transmeta Corp

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for the purpose of payment, redemption, transfer, conversion or exchange, substitution or for credit against any payment in respect registration of a sinking or analogous fund, if anytransfer, shall, if surrendered to the Company, the Trustee Company or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it and thereafter disposed of by it as directed by the Companyit, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy dispose of canceled Securities in accordance with applicable laws and procedures, its customary procedures and deliver a certificate of destruction disposition thereof to the CompanyCompany unless by an Officers' Certificate, the Company shall direct that canceled Securities be returned to it. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, at its option option, shall deliver or surrender the same to the Trustee for cancellation.

Appears in 4 contracts

Samples: Energy East Capital Trust Ii, Markel Corp, Dominion CNG Capital Trust Ii

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for payment, redemption, transfer, conversion or exchange, or for credit against any payment in respect of a sinking or analogous fund, if any, exchange shall, if surrendered to the Company, the Guarantor, the Trustee or any agent of the Company Company, the Guarantor or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it it, and thereafter disposed of by it as directed by the Company, Company and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled Securities in accordance with applicable laws and procedures, and deliver a certificate of destruction thereof to the Company and the Guarantor unless by an Officer's Certificate of the Company, the Company shall direct that canceled Securities be returned to it. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, or the Guarantor, at its option their respective options, shall deliver or surrender the same to the Trustee for cancellation.

Appears in 3 contracts

Samples: Indenture (Chevron Canada Capital Co), Chevron Canada Capital Co, Chevrontexaco Corp

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for the purpose of payment, redemption, transferconversion, conversion or exchange, substitution or for credit against any payment in respect registration of a sinking or analogous fund, if anytransfer, shall, if surrendered to the Company, the Trustee Company or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it and thereafter disposed of by it as directed by the Companyit, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy dispose of canceled Securities in accordance with applicable laws and procedures, its customary procedures and deliver a certificate of destruction disposition thereof to the CompanyCompany unless by an Officers' Certificate the Company shall direct that canceled Securities be returned to it. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness Indebtedness represented by such Securities unless and until the Company, at its option option, shall deliver or surrender the same to the Trustee for cancellation.

Appears in 2 contracts

Samples: Indenture (Bear Stearns Capital Trust V), Indenture (Bear Stearns Companies Inc)

Cancellation and Destruction of Surrendered Securities. All ------------------------------------------------------ Securities surrendered for the purpose of payment, redemption, transfer, conversion or exchange, substitution or for credit against any payment in respect registration of a sinking or analogous fund, if anytransfer, shall, if surrendered to the Company, the Trustee Company or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled cancelled by it and thereafter disposed of by it as directed by the Companyit, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The All canceled Securities held by the Trustee shall destroy canceled Securities be disposed of in accordance conformance with applicable laws and the Trustee's then customary procedures, and deliver unless otherwise directed by a certificate written order of destruction thereof to the Company; provided however, that the Trustee shall not be required to destroy any Securities. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, at its option option, shall deliver or surrender the same to the Trustee for cancellation.

Appears in 2 contracts

Samples: Indenture (DPL Inc), Indenture (DPL Inc)

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for payment, redemption, transfer, conversion or exchange, or for credit against any payment in respect of a sinking or analogous fund, if any, exchange shall, if surrendered to the CompanyCorporation, the Trustee or any agent of the Company Corporation or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it and thereafter disposed of by it as directed by the CompanyCorporation, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled Securities in accordance with applicable laws and procedures, and deliver a certificate of destruction thereof to the CompanyCorporation unless by an Officer's Certificate of the Corporation, the Corporation shall direct that canceled Securities be returned to it. If the Company Corporation shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the CompanyCorporation, at its option option, shall deliver or surrender the same to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Providian Financing Iv)

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for the purpose of payment, redemption, transfer, conversion or exchange, substitution or for credit against any payment in respect registration of a sinking or analogous fund, if anytransfer, shall, if surrendered to the Company, the Trustee Company or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled cancelled by it and thereafter disposed of by it as directed by the Companyit, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled cancelled Securities in accordance with applicable laws and procedures, and deliver a certificate of destruction thereof to the CompanyCompany unless by an Officers' Certificate the Company shall direct that cancelled securities be returned to it. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness Indebtedness represented by such Securities unless and until the Company, at its option option, shall deliver or surrender the same to the Trustee for cancellation.

Appears in 1 contract

Samples: Wells Fargo Capital Iii

AutoNDA by SimpleDocs

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for payment, redemption, transfer, conversion or exchange, or for credit against any payment in respect of a sinking or analogous fund, if any, exchange shall, if surrendered to the Company, the Guarantor, the Trustee or any agent of the Company Company, the Guarantor or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it it, and thereafter disposed of by it as directed by the Company, Company and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled Securities in accordance with applicable laws and procedures, and deliver a certificate of destruction thereof to the Company and the Guarantor unless by an Officer’s Certificate of the Company, the Company shall direct that canceled Securities be returned to it. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, or the Guarantor, at its option their respective options, shall deliver or surrender the same to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Chevron Funding Corp)

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for the purpose of payment, redemption, transferconversion, conversion or exchange, substitution or for credit against any payment in respect registration of a sinking or analogous fund, if anytransfer, shall, if surrendered to the Company, the Trustee Company or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled cancelled by it and thereafter disposed of by it as directed by the Companyit, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled dispose of cancelled Securities in accordance with applicable laws and procedures, its customary procedures and deliver a certificate of destruction disposition thereof to the CompanyCompany unless by an Officers' Certificate the Company shall direct that cancelled Securities be returned to it. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness Indebtedness represented by such Securities unless and until the Company, at its option option, shall deliver or surrender the same to the Trustee for cancellation.

Appears in 1 contract

Samples: Bear Stearns Capital Trust I

Cancellation and Destruction of Surrendered Securities. All Securities surrendered for payment, redemption, transfer, conversion or exchange, or for credit against any payment in respect of a sinking or analogous fund, if any, exchange shall, if surrendered to the Company, the Trustee or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it and thereafter disposed of by it as directed by the Company, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled Securities in accordance with applicable laws and procedures, and deliver a certificate of destruction thereof to the Company unless by an Officer's Certificate of the Company, the Company shall direct that canceled Securities be returned to it. If the Company shall purchase or otherwise acquire any of the Securities, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, at its option shall deliver or surrender the same to the Trustee for cancellation.

Appears in 1 contract

Samples: Ati Financing Ii

Cancellation and Destruction of Surrendered Securities. All Securities and Coupons surrendered for payment, redemption, transfer, conversion or exchange, or for credit against any payment in respect of a sinking or analogous fund, if any, shall, if surrendered to the Company, the Trustee or any agent of the Company or of the Trustee, be delivered to the Trustee, and the same, together with Securities surrendered to the Trustee for cancellation, shall be canceled by it and thereafter disposed of by it as directed by the Company, and no Securities or Coupons shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee shall destroy canceled Securities in accordance with applicable laws and procedures, Coupons and deliver a certificate of destruction thereof to the Company unless by an Officer’s Certificate of the Company, the Company shall direct that canceled Securities be returned to it. If the Company shall purchase or otherwise acquire any of the SecuritiesSecurities and Coupons, however, such purchase or acquisition shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities or Coupons unless and until the Company, at its option shall deliver or surrender the same to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Covad Communications Group Inc)

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