Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 113 contracts
Samples: Junior Subordinated Indenture (American Realty Capital Properties, Inc.), Junior Subordinated Indenture (Capstead Mortgage Corp), Indenture (RAIT Financial Trust)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 109 contracts
Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Huntington Bancshares Inc/Md)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 44 contracts
Samples: Silicon Valley Bancshares, Silicon Valley Bancshares, Asbc Capital Ii
Cancellation. All Securities surrendered for payment, redemption, transfer registration of transfer, exchange or exchange credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already canceled, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices standard procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Company upon its written request therefor.
Appears in 37 contracts
Samples: Indenture (Armour Residential REIT, Inc.), Indenture (Digihost Technology Inc.), Indenture (Bitfarms LTD)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 31 contracts
Samples: Indenture (FCB/Sc Capital Trust I), First Empire Capital Trust Ii, Fb Capital Trust
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee may be destroyed (and, if so destroyed, certification of their destruction shall deliver be delivered to the Company, unless, by a Company a certificate of such dispositionOrder, the Company shall direct that canceled Securities be returned to it).
Appears in 26 contracts
Samples: Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De), Indenture (Interpublic Group of Companies Inc)
Cancellation. All Securities surrendered for payment, conversion, redemption, transfer registration of transfer, exchange or exchange credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already canceled, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices standard procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Company upon its written request therefor.
Appears in 21 contracts
Samples: Revlon Inc /De/, Revlon Inc /De/, Apollo Global Management LLC
Cancellation. All Securities surrendered for payment, redemption, transfer registration of transfer, exchange or exchange conversion shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 21 contracts
Samples: Exhibit 4 (Converse Inc), Indenture (Speedway Motorsports Inc), Indenture (KCS Energy Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8309, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and procedures, unless the Trustee shall deliver to the is otherwise directed by a Company a certificate of such dispositionOrder.
Appears in 19 contracts
Samples: Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD), Indenture (Noble Corp)
Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices shall be destroyed by it and the Trustee shall deliver to the Company a its certificate of such dispositiondestruction to the Company, unless by a Company Order the Company directs their return to it.
Appears in 18 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 17 contracts
Samples: Indenture (Allegheny Energy Supply Co LLC), Indenture (Cii Financial Inc), Allegheny Energy Supply Co LLC
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company Corporation may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company Corporation a certificate of such dispositiondestruction.
Appears in 17 contracts
Samples: Indenture (Banponce Corp), Indenture (Bank of New York Co Inc), Indenture (Banponce Trust Ii)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and procedures, unless the Trustee shall deliver to the is otherwise directed by a Company a certificate of such dispositionOrder.
Appears in 14 contracts
Samples: And (Abraxas Petroleum Corp), And (Abraxas Petroleum Corp), Abraxas Petroleum Corp
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or tendered and accepted pursuant to any Change of Control Offer pursuant to Section 10.10 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of cancelled by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 11 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or tendered and accepted pursuant to any Change of Control Offer pursuant to Section 10.13 or any Asset Sale Offer pursuant to Section 10.14 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 10 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Gulf Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer transfer, conversion or exchange or credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already canceled, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All The Trustee shall return all canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionCompany.
Appears in 10 contracts
Samples: Senior Indenture (Ccci Capital Trust Iii), Junior Subordinated Indenture (Heftel Capital Trust Ii), Subordinated Indenture (Ccci Capital Trust Iii)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 9 contracts
Samples: United Rentals Highway Technologies Gulf, LLC, United Rentals Realty, LLC, United Rentals Realty, LLC
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of returned by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionand destroyed by the Company.
Appears in 9 contracts
Samples: Indenture (First Tennessee Capital Iv), Indenture (First Tennessee National Corp), First American Financial Corp
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionpractices.
Appears in 8 contracts
Samples: Junior Subordinated Indenture (American Equity Investment Life Holding Co), Junior Subordinated Indenture (American Equity Investment Life Holding Co), Junior Subordinated Indenture (American Equity Investment Life Holding Co)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 8 contracts
Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Cottonwood Land Co
Cancellation. All Securities surrendered for payment, redemption, purchase, conversion, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all All Securities so delivered shall be canceled promptly canceled by the Trustee. No , and no Securities shall be authenticated issued in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, thereof except as expressly permitted by any of the provisions of this Indenture. All Upon written instructions of the Company, the Trustee shall dispose of canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and procedures for the Trustee shall deliver to disposition of cancelled securities in effect as of the Company a certificate date of such disposition. If the Company shall acquire any of the Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless the same are delivered to the Trustee for cancellation.
Appears in 7 contracts
Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Notwithstanding any other provisions of this Indenture, the Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 7 contracts
Samples: Gainsco Inc, Community Financial Holding Co Inc, Florida Community Banks Inc
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company Corporation may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.10, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company Corporation a certificate of such dispositiondestruction.
Appears in 7 contracts
Samples: Indenture (Centura Banks Inc), Trust Agreement (DPL Inc), Southern States Capital Trust I
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or tendered and accepted pursuant to any Change of Control Offer pursuant to Section 10.13 or any Asset Sale Offer pursuant to Section 10.14 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its the customary practices and manner by the Trustee shall deliver to the unless otherwise directed by a Company a certificate of such dispositionOrder.
Appears in 6 contracts
Samples: Indenture (Wyne Systems Inc), Indenture (Integrated Electrical Services Inc), Group Maintenance America Corp
Cancellation. All Securities surrendered for payment, redemption, repayment, registration of transfer or exchange shallor for credit against any sinking fund payment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the TrusteeTrustee at the direction of the Company. No Securities securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to be destroyed by it unless by a Company Order the Company a certificate of such dispositiondirects their return to it.
Appears in 6 contracts
Samples: Gatx Corp, Gatx Financial Corp, Gatx Corp
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person person other than the TrusteeTrustee for such Securities, be delivered to the Trustee, such Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company Issuer or the Guarantors may at any time deliver to the such Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Issuer or such Guarantors may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the such Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by such Trustee shall be retained or disposed of by the Trustee in accordance with its such Trustee’s customary practices and the Trustee shall deliver to the Company a certificate of such dispositionpractices.
Appears in 6 contracts
Samples: Indenture (Trane Technologies Irish Holdings Unlimited Co), Indenture (Ingersoll Rand Co), Indenture (Ingersoll-Rand PLC)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained destroyed or otherwise disposed of by the Trustee in accordance with its customary usual practices and the Trustee shall shall, upon request, deliver to the Company a certificate of such dispositiondestruction.
Appears in 6 contracts
Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Nationwide Financial Services Inc/), Securities Indenture (Western Wireless Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities Securities, and Securities surrendered directly to the Trustee for any such purpose purpose, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.10, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), Provident Trust Ii, Allegiant Capital Trust I
Cancellation. All Securities surrendered for payment, redemption, transfer transfer, conversion or exchange or credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already cancelled, shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled The Trustee shall dispose of all cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Company.
Appears in 5 contracts
Samples: Registration Rights Agreement, Indenture (Union Pacific Corp), Indenture (Union Pacific Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its customary practices and the Trustee shall deliver procedures and, if requested, certification of their disposition delivered to the Company, unless by a Company a certificate of such dispositionOrder the Company directs that canceled securities be returned to it.
Appears in 5 contracts
Samples: Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 5 contracts
Samples: Burlington Resources Finance Co, Burlington Resources Finance Co, Energy Partners LTD
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or tendered and accepted pursuant to any Change of Control Offer pursuant to Section 10.13 or any Asset Sale Offer pursuant to Section 10.14 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of cancelled by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 5 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Herc Holdings Inc
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of cancelled by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 5 contracts
Samples: Credit Agreement (United Rentals Highway Technologies Gulf, LLC), United Rentals Highway Technologies Gulf, LLC, United Rentals North America Inc
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 5 contracts
Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co), Georgia Pacific Corp
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Bnccorp Inc), Everest Re Group LTD, Everest Re Capital Trust Iii
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled The Trustee shall dispose of cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver to the Company a certificate evidence of such dispositiondestruction, at the request of, and at the expense of, the Company.
Appears in 4 contracts
Samples: Xl Group PLC, Xl Group PLC, XL Group Ltd.
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver be destroyed and, if requested, certification of their destruction delivered to the Company, unless by a Company a certificate of such dispositionOrder the Company directs that canceled securities be returned to it.
Appears in 4 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company Issuers or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Issuers or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the The Trustee shall destroy cancelled Securities and deliver to the Company a certificate of such dispositiondestruction to the Issuers or the Guarantor.
Appears in 4 contracts
Samples: Indenture (Mediacom Capital Corp), Mediacom Capital Corp, Mediacom Capital Corp
Cancellation. All Securities surrendered for payment, redemption, repayment, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 4 contracts
Samples: Indenture (Evans Capital Trust III), Indenture (Privatebancorp Capital Trust Iv), Indenture (Privatebancorp Capital Trust Iv)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 4 contracts
Samples: Indenture (Viking International LTD), Indenture (Viking International LTD), Indenture (Aviall Services Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may may, at any time time, deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 4 contracts
Samples: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)
Cancellation. All Securities surrendered for payment, redemption, redemption or registration of transfer or exchange shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.82.12, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its the Trustee’s customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedure.
Appears in 4 contracts
Samples: Indenture (Hallmark Financial Services Inc), Indenture (WSFS Financial Corp), Indenture (WSFS Financial Corp)
Cancellation. All Securities surrendered for payment, redemption, repurchase, registration of transfer or exchange or conversion shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly so delivered to the Trustee for any such purpose shall be canceled promptly canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that Security which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trusteemanner. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture3.9. All The Trustee shall dispose of all canceled Securities shall be retained or disposed of held by the Trustee in accordance with applicable law and its customary practices and in effect from time to time. Upon written request of the Company actually received by a Responsible Officer of the Trustee, the Trustee shall deliver certification of the disposal of all cancelled Securities to the Company a certificate of such dispositionCompany.
Appears in 4 contracts
Samples: Indenture (Alesco Financial Inc), Privatebancorp, Inc, Collegiate Pacific Inc
Cancellation. All Unless otherwise provided with respect to a series of Securities, all Securities and coupons surrendered for payment, redemptionregistration of transfer, transfer exchange, repayment or exchange redemption shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities so delivered or surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this IndentureIndenture or such Securities. All canceled cancelled Securities shall be retained or disposed of coupons held by the Trustee in accordance with its customary practices shall be destroyed by the Trustee and the Trustee shall deliver to the Company a certificate of such dispositiondestruction to the Company. SECTION 3.10.
Appears in 3 contracts
Samples: Indenture (First Chicago NBD Corp), Indenture (First Chicago NBD Corp), Indenture (First Chicago NBD Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered made available for delivery hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver delivered to the Company a certificate of such dispositionCompany.
Appears in 3 contracts
Samples: Highlands Capital Trust I, Resource Capital Trust I, Southern Financial Capital Trust I
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 3 contracts
Samples: Pmi Group Inc, Providian Financial Corp, Pmi Capital I
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction to the Company, unless the Company by Company Order shall direct that such cancelled Securities be returned to it.
Appears in 3 contracts
Samples: Indenture (PHH Corp), PHH Corp, PHH Corp
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled The Trustee shall destroy cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to procedures, and, if so requested by the Company in writing, deliver a certificate of such dispositiondestruction to the Company or the Guarantor.
Appears in 3 contracts
Samples: Indenture (Arch Capital Group Ltd.), Arch Capital Group Ltd., Arch Capital Group (U.S.) Inc.
Cancellation. All Securities surrendered for payment, redemption, transfer transfer, conversion or exchange or credit against a sinking fund, if any, shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already cancelled, shall be promptly canceled cancelled by itthe Trustee. The Company Bank may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Bank may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled The Trustee shall dispose of all cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Bank; provided, however, that the Trustee shall not be required to destroy such cancelled Securities.
Appears in 3 contracts
Samples: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi), Banco Santander Chile
Cancellation. All Securities surrendered for payment, redemption, conversion, registration of transfer or exchange or for credit against any sinking fund payment or analogous obligation shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and promptly shall be canceled by it and, if surrendered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered promptly shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 3 contracts
Samples: Indenture (Century Communications Corp), Indenture (Century Communications Corp), Century Communications Corp
Cancellation. All Securities securities surrendered for payment, redemption, repurchase, conversion, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all All Securities so delivered shall be canceled promptly canceled by the Trustee. No , and no Securities shall be authenticated issued in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, thereof except as expressly permitted by any of the provisions of this Indenture. All canceled Securities shall be retained or disposed Upon written instructions of by the Company, the Trustee shall dispose of the Securities in accordance with its usual and customary practices policies and the Trustee procedures and, thereafter, shall deliver to the Company a certificate of such dispositioncancellation to the Company. If the Company shall acquire any of the Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless the same are delivered to the Trustee for cancellation.
Appears in 3 contracts
Samples: Indenture (Cv Therapeutics Inc), Indenture (Cv Therapeutics Inc), Cyberonics Inc
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time shall promptly deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 3 contracts
Samples: Indenture (Northstar Realty Finance Corp.), NorthStar Realty Europe Corp., Indenture (United Rentals Inc /De)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Unless otherwise directed by a Company Order, delivery of which must be delivered in a timely manner to prevent such destruction, all cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices shall be destroyed by it, and the Trustee shall deliver to the Company a certificate of such dispositiondestruction to the Company.
Appears in 3 contracts
Samples: Indenture (Commercial Credit Co), Indenture (SSBH Capital Iv), Textron Inc
Cancellation. All Securities surrendered for payment, redemption, transfer registration of transfer, exchange or exchange conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities, as well as Securities surrendered directly to the Trustee for any such purpose purpose, shall be cancelled promptly canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be cancelled promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by or pursuant to this Indenture. All canceled cancelled Securities held by the Trustee shall be retained destroyed or otherwise disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionTrustee.
Appears in 2 contracts
Samples: Indenture (CIT Group Funding CO of Canada), Indenture (Cit Group Inc)
Cancellation. All Securities surrendered for payment, ------------ redemption, conversion, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered made available for delivery hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver delivered to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc
Cancellation. All Securities and coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of and coupons held by the Trustee in accordance with its customary practices and shall be returned by the Trustee shall deliver to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Samples: United States Filter Corp, Vec Trust Ii
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or conversion shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company Companies, acting jointly, may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Companies may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Samples: Starwood Lodging Corp, Starwood Lodging Trust
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any Offer to Purchase pursuant to Section 1016 or 1017 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Samples: Durango Corp, Corporacion Durango Sa De Cv/
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company Corporation may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company Corporation a certificate of such disposition.
Appears in 2 contracts
Samples: Everest Re Group LTD, Everest Re Capital Trust
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures.
Appears in 2 contracts
Samples: Indenture (Citizens Banking Corp), Citizens Funding Trust IV
Cancellation. All Securities surrendered for payment, redemption, payment or registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Samples: Allegheny Ludlum Corp Et Al, Allegheny Ludlum Corp Et Al
Cancellation. All Unless otherwise provided with respect to a series of Securities, all Securities and coupons surrendered for payment, redemptionregistration of transfer, transfer exchange, repayment or exchange redemption shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities so delivered or surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this IndentureIndenture or such Securities. All canceled cancelled Securities shall be retained or disposed of coupons held by the Trustee in accordance with its customary practices shall be destroyed by the Trustee and the Trustee shall deliver to the Company a certificate of such dispositiondestruction to the Company.
Appears in 2 contracts
Samples: J P Morgan Chase & Co, Collins & Aikman Corp
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionpractices.
Appears in 2 contracts
Samples: Indenture (Plains Capital Corp), Indenture (North State Bancorp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition. SECTION 3.9. Reserved.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Desert Capital Reit Inc), Junior Subordinated Indenture (Desert Capital Reit Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Notwithstanding any other provision of this Indenture, the Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 2 contracts
Samples: Indenture (Seacoast Financial Services Corp), Seacoast Financial Services Corp
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any payment in respect of a sinking fund or analogous obligation shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices shall be destroyed by the Trustee, and the Trustee shall shall, upon written request therefor, deliver to the Company a certificate of such dispositiondestruction in respect thereof.
Appears in 2 contracts
Samples: Indenture (Baxter International Inc), Reconciliation and Tie (Baxter International Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8309, except as expressly permitted by this Indenture. All canceled The Trustee shall destroy cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to procedures, and, if so requested by the Company in writing, deliver a certificate of such dispositiondestruction to the Company or the Guarantor.
Appears in 2 contracts
Samples: Arch Capital (Arch Capital Group Ltd.), Arch Capital Group (Arch Capital Group Ltd.)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition. SECTION 3.9.
Appears in 2 contracts
Samples: Simmons First National Corp, Simmons First National Corp
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures.
Appears in 2 contracts
Samples: Indenture (Rite Aid Corp), Rite Aid Corp
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any offer to purchase pursuant to Section 10.10 or 10.15 shall, if surrendered to any Person (including the Security Registrar or the Paying Agent) other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time shall deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver certification of their disposal delivered to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the TrusteeTrustee or the Authenticating Agent, be delivered to the Trustee, Trustee or the Authenticating Agent and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee or the Authenticating Agent for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the TrusteeTrustee or the Authenticating Agent . No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall held by the Trustee may be retained destroyed or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to Trustee's or the Company a certificate of such dispositionAuthenticating Agent's normal practice.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Hallwood Group Inc), Pledge and Security Agreement (Hallwood Group Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.. EXHIBIT D
Appears in 2 contracts
Samples: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 2 contracts
Samples: United Community Capital Trust, City Holding Capital Trust Ii
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of returned by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Samples: Hl&p Capital Trust I, Hl&p Capital Trust Iv
Cancellation. All Securities and coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities and coupons held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 2 contracts
Samples: Indenture (Valero Energy Corp/Tx), Valero Energy Corp/Tx
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All Upon written request, all canceled Securities shall be retained or disposed of returned by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionand destroyed by the Company.
Appears in 2 contracts
Samples: Declaration of Trust (Provident Capital Trust Iii), Provident Capital Trust Iv
Cancellation. All Securities Debentures surrendered for payment, redemption, registration of transfer or exchange or any Asset Sale Offer or Change of Control Offer pursuant to Section 1013 or 1015 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Debentures previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities Debentures so delivered shall be promptly canceled by the Trustee. No Securities Debentures shall be authenticated in lieu of or in exchange for any Securities Debentures canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of Debentures held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Samples: Indenture (Liberty Group Publishing Inc), Indenture (Liberty Group Publishing Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver returned to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Samples: Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)
Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and may be destroyed by it and, if so destroyed, the Trustee shall deliver to the Company a its certificate of such dispositiondestruction to the Company, unless by a Company Order the Company directs their return to it.
Appears in 2 contracts
Samples: Ford Motor Co, Ford Motor Co Capital Trust I
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Samples: Enron Capital Trust I, Enron Capital Trust I
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Corporation may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 2 contracts
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its customary practices and the Trustee shall deliver practices, subject to the Company a certificate of such dispositionapplicable law.
Appears in 2 contracts
Samples: American General Capital Iv, American General Corp /Tx/
Cancellation. All Securities surrendered for payment, redemption, transfer transfer, conversion or exchange or credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already cancelled, shall be promptly canceled cancelled by it. The Company may may, but is not required to, at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled The Trustee shall dispose of all cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Company.
Appears in 2 contracts
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shallor for credit against any sinking fund payment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee it in accordance with its customary practices and the Trustee shall deliver to manner unless by a Company Order the Company a certificate of such dispositiondirects their return to it.
Appears in 2 contracts
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may may, at any time time, deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and and, if requested, the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 2 contracts
Samples: Indenture (Anthracite Capital Inc), Anthracite Capital Inc
Cancellation. All Securities surrendered for payment, redemptionpurchase, conversion, redemption or registration of transfer or exchange for the Securities shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. The Company may not issue new Securities to replace Securities it has paid for or delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.82.10, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures.
Appears in 2 contracts
Samples: Indenture (Austin Funding Com Corp), Austin Funding Com Corp
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any Offer to Purchase pursuant to Section 1013 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be disposed of as directed by a Company Order; provided, however, that the Trustee shall deliver not be required to the Company a certificate of such dispositiondestroy canceled Securities.
Appears in 2 contracts
Samples: Indenture (Nextel Communications Inc), Nextel Communications Inc
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 2 contracts
Samples: Fresenius National Medical Care Holdings Inc, Symons International Group Inc
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Samples: Enron Capital Trust Ii, Enron Capital Trust Ii
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for purchase under any Offer to Purchase pursuant to Section 1014 or 1017 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be disposed of as directed by a Company Order, provided, however, that the Trustee shall deliver not be required to the Company a certificate of such dispositiondestroy cancelled Securities.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any Offer to Purchase pursuant to Section 1014 and 1015 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be disposed of as directed by a Company Order; provided, however, that the Trustee may but shall deliver not be required to the Company a certificate of such dispositiondestroy cancelled securities.
Appears in 1 contract
Samples: And Registration Rights Agreement (Diamond Cable Communications PLC)
Cancellation. All Securities surrendered for payment, redemption, redemption or registration of transfer or exchange shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its the Trustee's customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.10, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Samples: BSB Capital Trust I
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for 50 - 44 - any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Samples: National Penn Bancshares Inc
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall shall, if requested, deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Samples: FPC Capital Ii
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of returned by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionfor destruction.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices shall be destroyed and the Trustee shall deliver certification of their destruction delivered to the Company, unless by a Company a certificate of such dispositionorder the Company directs that cancelled Securities be returned to it.
Appears in 1 contract
Samples: Indenture (Conseco Inc)
Cancellation. All Unless otherwise provided with respect to a series of Securities, all Securities and coupons surrendered for payment, redemptionregistration of transfer, transfer exchange, repayment or exchange redemption shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities so delivered or surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.Indenture or
Appears in 1 contract
Samples: Indenture (Collins & Aikman Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation 42 any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 1 contract
Samples: Validus Holdings LTD
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and if requested, the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 1 contract