Common use of Temporary Debentures Clause in Contracts

Temporary Debentures. Pending the preparation of Definitive Debentures, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are printed, lithographed, typewritten, mimeographed or otherwise reproduced, in any authorized denomination, substantially of the tenor of the Definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After the preparation of Definitive Debentures, the temporary Debentures shall be exchangeable for Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained by the Company for such purpose pursuant to Section 3.02 hereof, without charge to the holder thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall execute, and the Trustee, upon receipt of a Company Order, shall authenticate and make available for delivery, in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.

Appears in 3 contracts

Samples: Indenture (New York Community Bancorp Inc), Indenture (Commerce Bancorp Inc /Nj/), Indenture (New York Community Bancorp Inc)

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Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order Order, the Trustee shall be authorized to and shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.04, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall be authorized to and shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.

Appears in 3 contracts

Samples: New York Community Capital Trust I, New York Community Bancorp Inc, New York Community Bancorp Inc

Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.4, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.

Appears in 3 contracts

Samples: Prudential Financial Inc, Prudential Financial Inc, Prudential Financial Inc

Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order the Company's Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.4, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.

Appears in 2 contracts

Samples: Indenture (Anthem Inc), Anthem Inc

Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order the Company's Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.4, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.exchange

Appears in 2 contracts

Samples: Indenture (Metlife Capital Trust I), Metlife Capital Trust I

Temporary Debentures. Pending the preparation of Definitive definitive Debentures, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that which are printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially of the tenor of the Definitive definitive Debentures in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the Officers officers executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If temporary Debentures are issued, the Company shall will cause Definitive definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After the preparation of Definitive definitive Debentures, the all temporary Debentures shall may be exchangeable for Definitive Debentures upon surrender of the temporary Debentures surrendered in exchange therefor, at the office or agency maintained by of the Company for such purpose pursuant to Section 3.02 hereofDebenture Registrar, without charge to the holder thereof. Upon surrender for cancellation of any one or more temporary Debentures, and the Company shall execute, execute and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, in exchange therefor the same deliver an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationsin certificated form in exchange for temporary Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Definitive DebenturesDebentures in definitive certificated form authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Exchange Agreement (Insignia Financial Group Inc /De/), Indenture (Insignia Financing I)

Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as may be determined by the Officers executing Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such Definitive Debenturesseries. After Without unnecessary delay the preparation Company will execute and will furnish definitive Debentures of Definitive Debentures, the such series and thereupon any or all temporary Debentures shall of such series may be exchangeable for Definitive Debentures upon surrender of surrendered in exchange therefor (without charge to the temporary Debentures holders), at the office or agency maintained by of the Company designated for such the purpose pursuant to Section 3.02 hereof, without charge to the holder thereof. Upon surrender in a Place of Payment for cancellation of any one or more temporary Debentures, the Company shall executethat series, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, such office or agency shall deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Hei Preferred Funding L P, Hawaiian Electric Industries Inc

Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute --------------------- temporary Debentures, and upon receipt of a Company Order the Company's Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained by of the Company designated for such purpose pursuant to Section 3.02 2.05 hereof, without charge to the holder Holders thereof. Upon surrender for cancellation cancelation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.

Appears in 1 contract

Samples: SJG Capital Trust

Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.4, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.exchange

Appears in 1 contract

Samples: Metlife Inc

Temporary Debentures. Pending the preparation of Definitive Debentures, the The Company may executeexecute temporary Debentures, and upon receipt of a Company Order Order, the Trustee shall authenticate and make such temporary Debentures available for delivery, temporary . Temporary Debentures that are shall be printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially in the same series and principal amount and of like tenor as the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers of the Company executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If Such temporary Debentures are issuedmay be in global form. Except in the case of temporary Debentures in global form, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures which shall be printed, lithographed or engraved, or provided by any combination exchanged in accordance with the provisions thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After after the preparation of Definitive definitive Debentures, the temporary Debentures shall be exchangeable for Definitive definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency maintained by Agency of the Company designated for such purpose pursuant to Section 3.02 hereof2.04, without charge to the holder Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeexecute a like principal amount of definitive Debentures of the same series of authorized denominations, and the Trustee, upon receipt of a Company Order, shall authenticate and make such Debentures available for delivery, delivery in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominationstherefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive definitive Debentures.

Appears in 1 contract

Samples: New York Community Bancorp Inc

Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as may be determined by the Officers executing Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such Definitive Debenturesseries. After Without unnecessary delay the preparation Company will execute and will furnish definitive Debentures of Definitive Debentures, the such series and thereupon any or all temporary Debentures shall of such series may be exchangeable for Definitive Debentures upon surrender of surrendered in exchange therefor (without charge to the temporary Debentures holders), at the office or agency maintained by of the Company designated for such the purpose pursuant to Section 3.02 hereofin the Borough of Manhattan, without charge to the holder thereof. Upon surrender for cancellation The City and State of any one New York or more temporary DebenturesWilmington, the Company shall executeDelaware, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and such office or agency shall make available for delivery, delivery in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: K N Capital Trust Ii /De/

Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as may be determined by the Officers executing such Definitive DebenturesCompany. After the preparation Every temporary Debenture of Definitive Debentures, the temporary Debentures any series shall be exchangeable for Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained executed by the Company for and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such purpose pursuant to Section 3.02 hereof, series. Without unnecessary delay the Company will execute and will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holder thereof. Upon surrender for cancellation holders), at a Place of any one or more temporary Debentures, the Company shall executePayment, and the Trustee, upon receipt of a written order of the Company Ordersigned by one Officer of the Company, the Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Seitel Capital Trust Ii)

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Temporary Debentures. Pending the preparation of Definitive Debentures, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are printed, lithographed, typewritten, mimeographed typewritten or otherwise reproduced, in any authorized denomination, substantially of the tenor of the Definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers officers executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable securities exchange on which the Debentures exchangemay be listed, all as determined by the Officers officers executing such Definitive Debentures. After the preparation of Definitive Debentures, the temporary Debentures shall be exchangeable for Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained by the Company for such purpose pursuant to Section 3.02 3.2 hereof, without charge to the holder thereofHolder. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall execute, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, in exchange therefor the same aggregate principal amount of Definitive Debentures of authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as Definitive Debentures.

Appears in 1 contract

Samples: Mmi Companies Inc

Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for deliverydeliver, temporary Debentures that which are printed, lithographed, typewritten, mimeographed or otherwise reproducedproduced, in any authorized denomination, substantially of the tenor of the Definitive definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Officers officer or officers executing such Debentures may determine, as conclusively evidenced by their execution of such Debentures. If temporary Debentures of any series are issued, the Company shall will cause Definitive definitive Debentures of that series to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After the preparation of Definitive Debenturesdefinitive Debentures of such series, the temporary Debentures of such series shall be exchangeable for Definitive definitive Debentures of such series upon surrender of the temporary Debentures of such series at the office or agency maintained by of the Company in a Place of Payment for such purpose pursuant to Section 3.02 hereofthat series, without charge to the holder thereofHolder. Upon surrender for cancellation of any one or more temporary Debentures, Debentures of any series the Company shall execute, execute and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same aggregate a like principal amount of Definitive definitive Debentures of the same series and of like tenor of authorized denominations. Until so exchanged, exchanged the temporary Debentures of any series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series.

Appears in 1 contract

Samples: Utilicorp United Inc

Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as may be determined by the Officers executing such Definitive DebenturesCompany. After the preparation Every temporary Debenture of Definitive Debentures, the temporary Debentures any series shall be exchangeable for Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained executed by the Company for and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such purpose pursuant to Section 3.02 hereof, series. Without unnecessary delay the Company will execute and will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holder thereof. Upon surrender for cancellation holders), at a Place of any one or more temporary Debentures, the Company shall executePayment, and the Trustee, upon receipt of a written order of the Company Ordersigned by two Officers of the Company, the Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Centex Trust Ii

Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as may be determined by the Officers executing such Definitive DebenturesCompany. After the preparation Every temporary Debenture of Definitive Debentures, the temporary Debentures any series shall be exchangeable for Definitive Debentures upon surrender of the temporary Debentures at the office or agency maintained executed by the Company for and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such purpose pursuant to Section 3.02 hereof, series. Without unnecessary delay the Company will execute and will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holder thereof. Upon surrender for cancellation holders), at a Place of any one or more temporary Debentures, the Company shall executePayment, and the Trustee, upon receipt of a written order of the Company Ordersigned by its Chief Executive Officer, President or any Vice President and its Treasurer or any Assistant Treasurer and the Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Lyondell Trust Iii

Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and make available for delivery, temporary Debentures that are printed, lithographed, typewritten, mimeographed or otherwise reproduced, in of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as may be determined by the Officers executing Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such Definitive Debenturesseries. After Without unnecessary delay the preparation Company will execute and will furnish definitive Debentures of Definitive Debentures, the such series and thereupon any or all temporary Debentures shall of such series may be exchangeable for Definitive Debentures upon surrender of surrendered in exchange therefor (without charge to the temporary Debentures Holders), at the office or agency maintained of the Company designated for the purpose in the City of Wilmington, State of Delaware, or such other location designated by the Company for such purpose pursuant to Section 3.02 hereof, without charge to the holder thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall executeCompany, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and such office or agency shall make available for delivery, delivery in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Lodgian Inc

Temporary Debentures. Pending the preparation of Definitive DebenturesDebentures in definitive form, the Company may execute, execute and upon receipt of a Company Order the Trustee shall shall, upon written request of the Company, authenticate and make available for delivery, deliver temporary Debentures that are printed, (printed or lithographed, typewritten, mimeographed or otherwise reproduced, ). Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the tenor of the Definitive Debentures in lieu of which they are issued definitive form but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and authenticated by the Trustee upon the same conditions and in substantially the same manner, and with such appropriate insertionsthe same effect, omissions, substitutions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such Debenturesin definitive form. If temporary Debentures are issuedWithout unreasonable delay, the Company shall cause Definitive will execute and deliver to the Trustee Debentures to be prepared without unreasonable delay. The Definitive in definitive form (other than in the case of Debentures shall be printed, lithographed in global form) and thereupon any or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as determined by the Officers executing such Definitive Debentures. After the preparation of Definitive Debentures, the temporary Debentures shall (other than any such Debentures in global form) may be exchangeable for Definitive Debentures upon surrender of the temporary Debentures surrendered in exchange therefor, at the each office or agency maintained by the Company for such purpose pursuant to Section 3.02 hereof, without charge to the holder thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Company shall execute, 9.2 and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and make available for delivery, deliver in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive Debentures of authorized denominationsin definitive form. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Definitive DebenturesDebentures in definitive form authenticated and delivered hereunder.

Appears in 1 contract

Samples: Resale Registration Rights Agreement (Primus Telecommunications Group Inc)

Temporary Debentures. Pending the preparation of Definitive Debenturesdefinitive Debentures of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and 26 make available for delivery, temporary Debentures that are (printed, lithographed, lithographed or typewritten, mimeographed or otherwise reproduced, in ) of any authorized denomination, and substantially in the form of the tenor of the Definitive definitive Debentures in lieu of which they are issued and issued, but with such appropriate insertions, omissions, substitutions insertions and other variations as the Officers executing such Debentures may determine, as conclusively evidenced by their execution of such be appropriate for temporary Debentures. If temporary Debentures are issued, the Company shall cause Definitive Debentures to be prepared without unreasonable delay. The Definitive Debentures shall be printed, lithographed or engraved, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable Debentures exchange, all as may be determined by the Officers executing Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures of such Definitive Debenturesseries. After Without unnecessary delay the preparation Company will execute and will furnish definitive Debentures of Definitive Debentures, the such series and thereupon any or all temporary Debentures shall of such series may be exchangeable for Definitive Debentures upon surrender of surrendered in exchange therefor (without charge to the temporary Debentures holders), at the office or agency maintained by of the Company designated for such the purpose pursuant to Section 3.02 hereofin the Borough of Manhattan, without charge to the holder thereof. Upon surrender for cancellation The City and State of any one New York or more temporary DebenturesWilmington, the Company shall executeDelaware, and the Trustee, upon receipt of a Company Order, Trustee shall authenticate and such office or agency shall make available for delivery, delivery in exchange therefor the same for such temporary Debentures an equal aggregate principal amount of Definitive definitive Debentures of authorized denominationssuch series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall in all respects be entitled to the same benefits under this Indenture as Definitive Debenturesdefinitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: K N Capital Trust Iii

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