Common use of Temporary Securities Clause in Contracts

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 58 contracts

Samples: Note (Axos Financial, Inc.), Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc)

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Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and, upon receipt of the documents required by Sections 2.02, 3.01 and upon Company Order 3.03 hereof, together with an Authentication Order, the Trustee shall authenticate and deliver, temporary Securities which of such series that are printed, lithographed, typewritten, mimeographed mimeographed, or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued in registered form, without coupons, and with such appropriate insertions, omissions, substitutions substitutions, and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or In the case of Securities of any portion series for which a temporary Security may be issued in global form, such temporary global security shall represent all of the Outstanding Securities of such series and tenor. Except in the case of temporary Securities of a series may in global form, which shall be Global Securities. If exchanged in accordance with the provisions thereof, if temporary Securities of any series are issued, the Company will cause definitive Securities of that such series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such seriesSecurities, the temporary Securities of such series shall be exchangeable exchangeable, at the Corporate Trust Office of the Trustee, or at such other office or agency as may be maintained by the Company in a Place of Payment pursuant to Section 10.02 hereof, for definitive Securities of such series having identical terms and provisions, upon surrender of the temporary Securities of such series series, at the office or agency of the Company in a Place of Payment for that series, Company’s own expense and without charge to the Holder. Upon ; and upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, of any such series in authorized denominations containing identical terms and of like tenor and aggregate principal amountprovisions. Until Unless otherwise specified as contemplated by Section 3.01 with respect to a temporary Security in global form, until so exchanged, the temporary Securities of any such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 36 contracts

Samples: PepsiCo Singapore Financing I Pte. Ltd., Nymox Pharmaceutical Corp, Senior Indenture (Commerce Union Bancshares, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If following paragraphs), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and deliver a Company Order requesting the Trustee to authenticate and deliver and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. All Outstanding temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of the same series and tenor, except as otherwise specified as contemplated by Section 3.1of like tenor authenticated and delivered hereunder.

Appears in 27 contracts

Samples: And (Abraxas Petroleum Corp), And (Abraxas Petroleum Corp), Abraxas Petroleum Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All In the case of Securities of any series, such temporary Securities may be in global form, representing all or any a portion of the Outstanding Securities of such series. Except in the case of temporary Securities of a series may in global form (which shall be Global Securities. If exchanged in accordance with the provisions thereof), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amounttenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 22 contracts

Samples: Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De), Indenture (Interpublic Group of Companies Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order and, if any Guarantees by a Guarantor are so to be endorsed on such Securities, a Guarantor Order of such Guarantor, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities or Guarantees, respectively, may determine, as evidenced by their execution of such Securities. All Securities or any portion of the temporary Securities of a series may be Global SecuritiesGuarantees, respectively. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 19 contracts

Samples: Indenture (Cott USA Finance LLC), Indenture (Horsehead Corp), Indenture (Horsehead Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion Every such temporary Security shall be executed by the Company and shall be authenticated and delivered by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Security in lieu of the temporary Securities of a series may be Global Securitieswhich it is issued. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 18 contracts

Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order and, if any Guarantees by a Guarantor are so to be endorsed on such Securities, a Guarantor Order of such Guarantor, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities or Guarantees, respectively, may determine, as evidenced by their execution of such Securities. All Securities or any portion of the temporary Securities of a series may be Global SecuritiesGuarantees, respectively. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Company, and if applicable, the Guarantors shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 18 contracts

Samples: Laredo Midstream Services, LLC, Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or In the case of Securities of any portion of the series, such temporary Securities of a series may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged as provided in or pursuant to a Board Resolution), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount and like tenor of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 18 contracts

Samples: Indenture (Suro Capital Corp.), Apollo Debt Solutions BDC, HPS Corporate Lending Fund

Temporary Securities. Pending the preparation of definitive Definitive Securities of any series, the Company may execute, and upon receipt of the documents required by Section 303, together with a Company Order Order, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities of like series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place maintained pursuant to Section 1002 for the purpose of Payment for that exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 12 contracts

Samples: Central Valley Community (Central Valley Community Bancorp), Central Valley Community (Central Valley Community Bancorp), CenterState Bank Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Corporation in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 10 contracts

Samples: FNB Corp/Pa/, Indenture (FNB Corp/Fl/), Note (FNB Corp/Fl/)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the applicable Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form, and with such appropriate insertions, omissions, substitutions and other variations as the officers Officer executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion Such temporary Securities may be in global form. Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If following paragraphs), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the applicable Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountevidencing the same indebtedness. Until so exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. If temporary Securities of any series are issued in global form, any such temporary global Security shall, unless otherwise provided therein, be delivered to the office of the Depositary for credit to the respective accounts of the beneficial owners of such Securities (or to such other accounts as they may direct). Without unnecessary delay, but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security (the "Exchange Date"), the Company shall deliver to the Trustees definitive Securities, in aggregate principal amount equal to the principal amount of such temporary global Security and of like tenor and evidencing the same indebtedness, executed by the Company. On or after the Exchange Date, such temporary global Security shall be surrendered by the Depositary to the Trustees, as the Company's agent for such purpose, to be exchanged, in whole or from time to time in part, for definitive Securities without charge and the applicable Trustee shall authenticate and deliver, in exchange for each portion of such temporary global Security, an equal aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor and evidencing the same indebtedness as the portion of such temporary global Security to be exchanged. The definitive Securities to be delivered in exchange for any such temporary global Security shall be in registered form or permanent global registered form, or any combination thereof, as specified as contemplated by Section 3.01, and, if any combination thereof is so specified, as requested by the beneficial owner thereof; provided, however, that, unless otherwise specified in such temporary global Security, upon such presentation by the Depositary, such temporary global Security is accompanied by a certificate dated the Exchange Date or a subsequent date and signed by the Depositary as to the portion of such temporary global Security held for its account then to be exchanged and a certificate dated the Exchange Date or a subsequent date, each in the form set forth in Exhibit A-2 to this Indenture (or in such other form as may be established pursuant to Section 3.01). Unless otherwise specified in such temporary global Security, the interest of a beneficial owner of Securities of a series in a temporary global Security shall be exchanged for definitive Securities of the same series and of like tenor and evidencing the same indebtedness following the Exchange Date when the account holder instructs the Depositary to request such exchange on his behalf and delivers to the Depositary a certificate in the form set forth in Exhibit A-1 to this Indenture (or in such other form as may be established pursuant to Section 3.01), dated no earlier than 15 days prior to the Exchange Date, copies of which certificate shall be available from the offices of the Depositary, the Trustees, any Authenticating Agent appointed for such series of Securities and each Paying Agent. Unless otherwise specified in such temporary global Security, any such exchange shall be made free of charge to the beneficial owners of such temporary global Security, except that a Person receiving definitive Securities must bear the cost of insurance, postage, transportation and the like in the event that such Person does not take delivery of such definitive Securities in person at the offices of the Depositary. Until exchanged in full as hereinabove provided, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series and tenorof like tenor and evidencing the same indebtedness authenticated and delivered hereunder, except as that, unless otherwise specified as contemplated by Section 3.13.01, interest payable on a temporary global Security on an Interest Payment Date for Securities of such series occurring prior to the applicable Exchange Date shall be payable to the Depositary on such Interest Payment Date upon delivery by the Depositary to the Trustees of a certificate or certificates in the form set forth in Exhibit A-2 to this Indenture (or in such other form as may be established pursuant to Section 3.01), for credit without further interest thereon on or after such Interest Payment Date to the respective accounts of the Persons who are the beneficial owners of such temporary global Security on such Interest Payment Date and who have each delivered to the Depositary a certificate dated no earlier than 15 days prior to the Interest Payment Date occurring prior to such Exchange Date in the form set forth in Exhibit A-1 to this Indenture (or in such other form as may be established pursuant to Section 3.01). Notwithstanding anything to the contrary herein contained, the certifications made pursuant to this paragraph shall satisfy the certification requirements of the preceding two paragraphs of this Section 3.04 and of the third paragraph of Section 3.03 and the interests of the Persons who are the beneficial owners of the temporary global Security with respect to which such certification was made will be exchanged for definitive Securities of the same series and of like tenor and evidencing the same indebtedness on the Exchange Date or the date of certification if such date occurs after the Exchange Date, without further act or deed by such beneficial owners. Except as otherwise provided in this paragraph, no payments of principal of, premium (if any) or interest (if any) owing with respect to a beneficial interest in a temporary global Security will be made unless and until such interest in such temporary global Security shall have been exchanged for an interest in a definitive Security. Any interest so received by the Depositary and not paid as herein provided shall be returned to the Trustees immediately prior to the expiration of two years after such Interest Payment Date in order to be repaid to the Company in accordance with Section 10.03.

Appears in 9 contracts

Samples: Cybin (Cybin Inc.), Energy Fuels Inc, KWESST Micro Systems Inc.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and, and upon Company Order Order, the Trustee shall authenticate and deliver, deliver temporary Securities of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor and form of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive permanent Securities of that such series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the After preparation of definitive Securities of such seriespermanent Securities, the temporary Securities of such series shall be exchangeable for definitive such permanent Securities of such series like tenor upon surrender of the temporary Securities of such series at the office or agency of the Company pursuant to Section 9.2 in a Place of Payment for that such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of Permanent Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amounttenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive permanent Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 8 contracts

Samples: Trust Indenture (At&t Wireless Services Inc), Icos Corp / De, Esterline Technologies Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of such series, and if applicable, having endorsed thereon the notations of Subsidiary Guarantees, in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities and, if applicable, notations of Subsidiary Guarantees, may determine, as evidenced by their execution of such Securities. All or any portion Securities and notations of the temporary Securities of a series may be Global SecuritiesSubsidiary Guarantees. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amountamount and, if applicable, having endorsed thereon the notations of Subsidiary Guarantees executed by the Subsidiary Guarantors. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 8 contracts

Samples: Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC), American Italian Pasta Co

Temporary Securities. Pending the preparation of definitive Definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are typewritten, printed, lithographed, typewritten, mimeographed engraved or otherwise producedproduced by any combination of these methods, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the Such temporary Securities of a series may be Global Securitiesin global form. If temporary Securities of any series are issued, the Company will cause definitive Definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of Definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series. Until exchanged in full as hereinabove provided, the temporary Securities of any series, including temporary Global Securities (whether or not issued as Book-Entry Securities as provided in Section 304), shall in all respects be entitled to the same benefits under this Indenture as Definitive Securities of the same series and tenor, except as otherwise specified as contemplated by Section 3.1of like tenor authenticated and delivered hereunder.

Appears in 8 contracts

Samples: Indenture (Atmos Energy Corp), Indenture (Oneok Inc /New/), Indenture (Atmos Energy Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and the Trustee shall, and upon Company Order the Trustee shall Order, authenticate and delivermake available for delivery, temporary Securities which are of such series (typewritten, printed, lithographed, typewritten, mimeographed lithographed or otherwise produced). Such temporary Securities, in any authorized denominationdenominations, shall be substantially of in the tenor form of the definitive Securities in lieu of which they are issued and issued, in registered form or, if authorized, in bearer form with one or more or without coupons, in the form approved from time to time by or pursuant to a Board Resolution but with such appropriate omissions, insertions, omissions, substitutions and other variations as may be appropriate for temporary Securities, all as may be determined by the officers executing such Securities may determineCompany, as evidenced by their execution but not inconsistent with the terms of such Securities. All this Indenture or any portion provision of applicable law. In the case of any series issuable as Bearer Securities, such temporary Securities of a series shall be delivered only in compliance with the conditions set forth in Section 2.06 and may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged as hereinafter provided), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 4.02 in a Place of Payment for that such series for the purpose of exchanges of Securities of such series, without charge to the Holderholder. Upon surrender for cancellation of any one or more temporary Securities of any seriesseries (accompanied by any unmatured coupons appertaining thereto), the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like aggregate principal amount of definitive Securities of the same series and of like tenor of authorized denominations; provided, that, except as otherwise expressly provided by the Company as contemplated in Section 2.07(b), no definitive Bearer Security shall be delivered in exchange for a temporary Registered Security; and provided further, however, that a definitive Bearer Security shall be delivered in exchange for a temporary Bearer Security only in compliance with the conditions set forth in Section 2.06. Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security of a series (the “Exchange Date”), the Company shall deliver to the Trustee definitive Securities of that series, in aggregate principal amount equal to the principal amount of any such temporary global Security, executed by the Company. On or after the Exchange Date such temporary global Security shall be presented and surrendered by the U.S. Depositary to the Trustee, as the Company’s agent for such purpose, or to the Security Registrar, to be exchanged, in whole or from time to time in part, for definitive Securities of such series without charge, and the Trustee shall authenticate and make available for delivery, in exchange for each portion of such temporary global Security, a like aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor as the portion of such temporary global Security to be exchanged. Every temporary Security shall be executed by the Company and aggregate principal amount. Until so exchanged, shall be authenticated by the temporary Securities of any series shall in all respects be entitled to Trustee upon the same benefits under this Indenture conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1Securities.

Appears in 8 contracts

Samples: Indenture (Summit Financial Group, Inc.), Indenture (Origin Bancorp, Inc.), Indenture (TriState Capital Holdings, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Issuers may execute, and upon Company Issuer Order and, if any Guarantees by a Guarantor are so to be endorsed on such Securities, a Guarantor Order of such Guarantor, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities or Guarantees, respectively, may determine, as evidenced by their execution of such Securities. All Securities or any portion of the temporary Securities of a series may be Global SecuritiesGuarantees, respectively. If temporary Securities of any series are issued, the Company Issuers will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Issuers in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 7 contracts

Samples: Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp), Indenture (Genesis Free State Holdings, LLC)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities substantially of the tenor of the definitive Securities in lieu of which they are issued, which temporary Securities may be printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued denomination and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such temporary Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 7 contracts

Samples: Senior Indenture (Aetna Inc /Pa/), Senior Indenture (Aetna Inc /Pa/), Aetna Inc /Pa/

Temporary Securities. Pending the preparation of a permanent Global Security or definitive Securities of any series, the Company may execute, and upon Company Order compliance with Section 3.03, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise producedengraved or produced by any combination of these methods, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Authorized Officers executing such Securities may determine, as evidenced by their execution of such Securities. All In the case of Securities of any series, such temporary securities may be in global form, representing all or any a portion of the temporary Outstanding Securities of a series may be Global Securitiessuch series. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amounttenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.13.01 with respect to the payment of interest on Securities in temporary form. Such exchanges shall be made by the Company at its expense and without any charge therefor.

Appears in 7 contracts

Samples: Baxter (Baxter International Inc), Indenture (Baxter International Inc), Baxter (Baxter International Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and, and upon Company Order Order, the Trustee shall authenticate and deliver, deliver temporary Securities of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor and form, of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All In the case of Securities of any series, all or any a portion of the such temporary Securities of a series may be Global Securitiesin global form. If Except in the case of temporary Securities in global form, each of which shall be exchanged in accordance with the provisions thereof, if temporary Securities of any series are issued, the Company will cause definitive Securities of that such series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the After preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company pursuant to Section 9.2 in a Place of Payment for that such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amounttenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 6 contracts

Samples: Indenture (Know Labs, Inc.), Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis, Inc.)

Temporary Securities. Pending the preparation of definitive Definitive Securities of any series, the Company may execute, and upon receipt of the documents required by Section 3.03, together with a Company Order Order, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities of like series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place maintained pursuant to Section 10.02 for the purpose of Payment for that exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall upon receipt of a Company Order authenticate and deliver in exchange therefor one or more definitive Definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 6 contracts

Samples: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Indenture (Investar Holding Corp)

Temporary Securities. Pending the preparation of definitive Securities of any seriesDefinitive Securities, the Company may executeexecute and deliver to the Trustee and, and upon Company Order Order, the Trustee shall authenticate and deliver, in the manner provided in Section 3.3, temporary Securities in lieu thereof which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers Officers of the Company executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion of the Such temporary Securities of a series may be in the form of Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after if temporary Securities are issued, the Company shall cause Definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities of the same series and containing terms and provisions that are identical to those of any temporary Securities, such series, the temporary Securities of such series shall be exchangeable for definitive such Definitive Securities of such series upon surrender of the such temporary Securities of at an Office or Agency for such series at the office or agency of the Company in a Place of Payment for that seriesSecurities, without charge to the Holderany Holder thereof. Upon surrender for cancellation of any one or more temporary Securities of any seriesSecurities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of Definitive Securities of authorized denominations of the same seriesseries and containing identical terms and provisions. Unless otherwise provided in or pursuant to this Indenture with respect to a temporary Global Security, of any authorized denominations and of like tenor and aggregate principal amount. Until until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 5 contracts

Samples: Reconciliation And (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Issuer may execute, and upon Company receipt of the Issuer Order the Trustee Trustees shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Issuer will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Issuer in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Issuer shall execute and the Trustee Trustees shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 5 contracts

Samples: Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.), Brookfield Asset Management Inc.

Temporary Securities. Pending the preparation of definitive Definitive Securities of any series, the Company Partnership may execute, and upon Company Order receipt of the documents required by Section 303, together with a Partnership Order, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities of like series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Partnership will cause definitive Definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place Partnership maintained pursuant to Section 1002 for the purpose of Payment for that exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 5 contracts

Samples: El Paso Pipeline Partners Operating Company, L.L.C., El Paso Pipeline Partners Operating Company, L.L.C., Indenture (Kinder Morgan Energy Partners L P)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Issuers may execute, and upon Company an Issuer Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of with like terms and conditions as the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All In the case of Securities of any series, such temporary Securities may be in global form, representing all or any a portion of the Outstanding Securities of such series. Except in the case of temporary Securities of a series may in global form (which shall be Global Securities. If exchanged in accordance with the provisions thereof), if temporary Securities of any series are issued, the Company Issuers will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Issuers in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Issuers shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor terms and aggregate principal amountconditions. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 5 contracts

Samples: Indenture (Meristar Hospitality Corp), Meristar Sub 7g (Meristar Hospitality Operating Partnership Lp), Indenture (Meristar Hospitality Operating Partnership Lp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determinedetermine (but that does not affect or change the rights, duties or responsibilities of the Trustee), as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as the definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 5 contracts

Samples: Indenture (Ford Motor Co), Ford Motor Co, Ford Motor Co

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the director(s) or officers of the Company executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If following paragraphs), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and deliver a Company Order requesting the Trustee to authenticate and deliver and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. All Outstanding temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of the same series and tenor, except as otherwise specified as contemplated by Section 3.1of like tenor authenticated and delivered hereunder.

Appears in 5 contracts

Samples: Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order Order, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, and with such appropriate insertions, omissions, substitutions and other variations as the officers Officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of Every temporary Security shall be executed by the temporary Securities of Company and authenticated by the Trustee and registered by the Registrar, upon the same conditions, and with like effect, as a series may be Global Securitiesdefinitive Security. If temporary Securities (other than a Global Security) of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like aggregate principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 4 contracts

Samples: Indenture (U S Home Corp /De/), Indenture (U S Home Corp /De/), U S Home Corp /De/

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and deliver to the Trustee and, and upon Company Order the Trustee shall authenticate and deliver, in the manner provided in Section 303, temporary Securities of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion In the case of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issuedseries, the Company will cause definitive such temporary Securities of that series to may be prepared without unreasonable delayin global form. Except in the case of temporary Securities that are Global Securitiesin global form, each of which shall be exchanged in accordance with the provisions thereof, after if temporary Securities of any series are issued, the Company shall cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities of such any series, the temporary Securities of such series series, if any, shall be exchangeable upon request for definitive Securities of such series containing identical terms and provisions upon surrender of the temporary Securities of such series at the an office or agency of the Company in a Place of Payment maintained for that seriessuch purpose pursuant to Section 1002, without charge to the any Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of authorized denominations of the same seriesseries containing identical terms and provisions. Unless otherwise specified as contemplated by Section 301 with respect to a temporary global Security, of any authorized denominations and of like tenor and aggregate principal amount. Until until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 4 contracts

Samples: Indenture (Home Bancshares Inc), Indenture (Firstmerit Corp /Oh/), Firstmerit Corp /Oh/

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and the Trustee shall, and upon Company Order the Trustee shall Order, authenticate and delivermake available for delivery, temporary Securities which are of such series (typewritten, printed, lithographed, typewritten, mimeographed lithographed or otherwise produced). Such temporary Securities, in any authorized denominationdenominations, shall be substantially of in the tenor form of the definitive Securities in lieu of which they are issued and issued, in registered form or, if authorized, in bearer form with one or more or without coupons, in the form approved from time to time by or pursuant to a Board Resolution but with such appropriate omissions, insertions, omissions, substitutions and other variations as may be appropriate for temporary Securities, all as may be determined by the officers executing such Securities may determineCompany, as evidenced by their execution but not inconsistent with the terms of such Securities. All this Indenture or any portion provision of applicable law. In the case of any series issuable as Bearer Securities, such temporary Securities of a series shall be delivered only in compliance with the conditions set forth in Section 2.06 and may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged as hereinafter provided), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 4.02 in a Place of Payment for that such series for the purpose of exchanges of Securities of such series, without charge to the Holderholder. Upon surrender for cancellation of any one or more temporary Securities of any seriesseries (accompanied by any unmatured coupons appertaining thereto), the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like aggregate principal amount of definitive Securities of the same series and of like tenor of authorized denominations; provided, that, except as otherwise expressly provided by the Company as contemplated in Section 2.07(b), no definitive Bearer Security shall be delivered in exchange for a temporary Registered Security; and provided further, however, that a definitive Bearer Security shall be delivered in exchange for a temporary Bearer Security only in compliance with the conditions set forth in Section 2.06. Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary Global Security of a series (the “Exchange Date”), the Company shall deliver to the Trustee definitive Securities of that series, in aggregate principal amount equal to the principal amount of any such temporary Global Security, executed by the Company. On or after the Exchange Date such temporary Global Security shall be presented and surrendered by the U.S. Depositary to the Trustee, as the Company’s agent for such purpose, or to the Security Registrar, to be exchanged, in whole or from time to time in part, for definitive Securities of such series without charge, and the Trustee shall authenticate and make available for delivery, in exchange for each portion of such temporary Global Security, a like aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor as the portion of such temporary Global Security to be exchanged. Every temporary Security shall be executed by the Company and aggregate principal amount. Until so exchanged, shall be authenticated by the temporary Securities of any series shall in all respects be entitled to Trustee upon the same benefits under this Indenture conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1Securities.

Appears in 4 contracts

Samples: Indenture (NewAmsterdam Pharma Co N.V.), Indenture (Acorda Therapeutics Inc), Indenture (TriState Capital Holdings, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and having endorsed thereon Guarantees executed by the Guarantor substantially of the tenor of the definitive Guarantees, and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities and such Guarantees may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securitiesand such Guarantees. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, of any authorized denominations series and of a like tenor and aggregate principal amountof authorized denominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 4 contracts

Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as conclusively the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion Such temporary Securities may be in global form. Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If following paragraphs), if temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Corporation in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of authorized denominations. Until so exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. If temporary Securities of any series are issued in global form, any such temporary global Security shall, unless otherwise provided therein, be delivered to the London, England office of a depositary or common depositary (the “Common Depositary”) or the Depositary, as applicable, for the benefit of Euroclear and Clearstream, for credit to the respective accounts of the beneficial owners of such Securities (or to such other accounts as they may direct). Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security (the “Exchange Date”), the Corporation shall deliver to the Trustee definitive Securities, in aggregate principal amount equal to the principal amount of such temporary global Security, executed by the Corporation. On or after the Exchange Date such temporary global Security shall be surrendered by the Common Depositary to the Trustee, as the Corporation’s agent for such purpose, to be exchanged, in whole or from time to time in part, for definitive Securities without charge and the Trustee shall authenticate and deliver, in exchange for each portion of such temporary global Security, an equal aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor as the portion of such temporary global Security to be exchanged. The definitive Securities to be delivered in exchange for any such temporary global Security shall be in registered form or permanent global registered form, or any combination thereof, as specified as contemplated by Section 301, and, if any combination thereof is so specified, as requested by the beneficial owner thereof; provided, however, that, unless otherwise specified in such temporary global Security, upon such presentation by the Common Depositary, such temporary global Security is accompanied by a certificate dated the Exchange Date or a subsequent date and aggregate principal amountsigned by Euroclear as to the portion of such temporary global Security held for its account then to be exchanged and a certificate dated the Exchange Date or a subsequent date and signed by Clearstream as to the portion of such temporary global Security held for its account then to be exchanged, each in the form set forth in Exhibit A-2 to this Indenture (or in such other form as may be established pursuant to Section 301). Unless otherwise specified in such temporary global Security, the interest of a beneficial owner of Securities of a series in a temporary global Security shall be exchanged for definitive Securities of the same series and of like tenor following the Exchange Date when the account holder instructs Euroclear or Clearstream, as the case may be, to request such exchange on his behalf and delivers to Euroclear or Clearstream, as the case may be, a certificate in the form set forth in Exhibit A-1 to this Indenture (or in such other form as may be established pursuant to Section 301), dated no earlier than 15 days prior to the Exchange Date, copies of which certificate shall be available from the offices of Euroclear and Clearstream, the Trustee, any Authenticating Agent appointed for such series of Securities and each Paying Agent. Unless otherwise specified in such temporary global Security, any such exchange shall be made free of charge to the beneficial owners of such temporary global Security, except that a Person receiving definitive Securities must bear the cost of insurance, postage, transportation and the like in the event that such Person does not take delivery of such definitive Securities in person at the offices of Euroclear or Clearstream. Until so exchangedexchanged in full as hereinabove provided, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series and tenorof like tenor authenticated and delivered hereunder, except as that, unless otherwise specified as contemplated by Section 3.1301, interest payable on a temporary global Security on an Interest Payment Date for Securities of such series occurring prior to the applicable Exchange Date shall be payable to Euroclear and Clearstream on such Interest Payment Date upon delivery by Euroclear and Clearstream to the Trustee of a certificate or certificates in the form set forth in Exhibit A-2 to this Indenture (or in such other form as may be established pursuant to Section 301), for credit without further interest thereon on or after such Interest Payment Date to the respective accounts of the Persons who are the beneficial owners of such temporary global Security on such Interest Payment Date and who have each delivered to Euroclear or Clearstream, as the case may be, a certificate dated no earlier than 15 days prior to the Interest Payment Date occurring prior to such Exchange Date in the form set forth in Exhibit A-1 to this Indenture (or in such other form as may be established pursuant to Section 301). Notwithstanding anything to the contrary herein contained, the certifications made pursuant to this paragraph shall satisfy the certification requirements of the preceding two paragraphs of this Section and of the third paragraph of Section 303 of this Indenture and the interests of the Persons who are the beneficial owners of the temporary global Security with respect to which such certification was made will be exchanged for definitive Securities of the same series and of like principal amount and tenor and evidencing the same indebtedness on the Exchange Date or the date of certification if such date occurs after the Exchange Date, without further act or deed by such beneficial owners. Except as otherwise provided in this paragraph, no payments of principal (or premium, if any) or interest, if any, owing with respect to a beneficial interest in a temporary global Security will be made unless and until such interest in such temporary global Security shall have been exchanged for an interest in a definitive Security. Any interest so received by Euroclear and Clearstream and not paid as herein provided shall be returned to the Trustee immediately prior to the expiration of two years after such Interest Payment Date in order to be repaid to the Corporation in accordance with Section 1003.

Appears in 4 contracts

Samples: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Indenture (Cenovus Energy Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and deliver, temporary Securities which that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of that such series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such seriesSecurities, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment Corporation designated for that series, purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any seriesSecurities, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, series of any authorized denominations and denominations, of like tenor and aggregate principal amount, bearing such restrictive legends as may be required by this Indenture and bearing a number not contemporaneously outstanding. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 4 contracts

Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), First Hawaiian Capital I

Temporary Securities. Pending the preparation of Until definitive Securities of any seriesa Series are prepared, the Company Issuer may (and, if the Authorization so requires, the Issuer shall) execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which there shall be exchanged authenticated and delivered in accordance with the provisions thereofof Section 3 hereof (in lieu of definitive printed Securities of such Series), after temporary Securities of such Series. Such temporary Securities may be in global form; provided, however, that any temporary Security in global form shall be in registered form unless delivered in compliance with the preparation conditions set forth in Section 1(e) hereof. Such temporary Securities of a Series shall be subject to the same limitations and conditions and entitled to the same rights and benefits as definitive Securities of such seriesSeries, the except as provided herein or therein. Unless otherwise provided herein or therein, temporary Securities of such series a Series shall be exchangeable for definitive Securities of such series Series when such definitive Securities are available for delivery; and upon the surrender for exchange of the temporary Securities of a Series which are so exchangeable, the Issuer shall execute and there shall be authenticated and delivered, in accordance with the provisions of Sections 5 and 6 hereof, in exchange for such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of a Series, a like aggregate principal amount of definitive Securities (provided that such Securities have not been previously redeemed) of such Series of like tenor. The Issuer shall pay all charges, including stamp and other taxes and governmental charges, incident to any series, exchange of temporary Securities for definitive Securities. All temporary Securities shall be identified as such and shall describe the Company shall execute right of the holder thereof to effect an exchange for definitive Securities and the Trustee shall authenticate and deliver manner in which such an exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects may be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1effected.

Appears in 4 contracts

Samples: Fiscal Agency Agreement (Italy Republic Of), Fiscal Agency Agreement (Republic of Turkey), Fiscal Agency Agreement (Italy Republic Of)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and deliver to the Trustee and, and upon Company Order the Trustee shall authenticate and deliver, in the manner provided in Section 3.04, temporary Securities of such series which are printed, lithographed, typewritten, mimeographed photocopied or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form without coupons and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion In the case of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issuedseries, the Company will cause definitive such temporary Securities of that series to may be prepared without unreasonable delayin global form. Except in the case of temporary Securities that are Global Securitiesin global form, each of which shall be exchanged in accordance with the provisions thereof, after if temporary Securities of any series are issued, the Company shall cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities of such any series, the temporary Securities of such series series, if any, shall be exchangeable upon request for definitive Securities of such series containing identical terms and provisions upon surrender of the temporary Securities of such series at the an office or agency of the Company in a Place of Payment maintained for that seriessuch purpose pursuant to Section 10.02, without charge to the any Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of authorized denominations of the same seriesseries containing identical terms and provisions. Unless otherwise specified as contemplated by Section 3.01 with respect to a temporary global Security, of any authorized denominations and of like tenor and aggregate principal amount. Until until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 4 contracts

Samples: Subordinated Indenture (Union Bankshares Corp), BNC Bancorp, Eagle Bancorp Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliverdeliver or make available for delivery, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, series the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver or make available for delivery in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 4 contracts

Samples: Integrated Circuit Systems Inc, Airtran Holdings Inc, Sabre Holdings Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 4 contracts

Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)

Temporary Securities. Pending the preparation of definitive -------------------- Securities of any series, the Company may executeexecute and, and upon Company Order Order, the Trustee shall authenticate and deliver, deliver temporary Securities of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor and form, of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion In the case of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issuedseries, the Company will cause definitive such temporary Securities of that series to may be prepared without unreasonable delayin global form. Except in the case of temporary Securities that are Global Securitiesin global form, each of which shall be exchanged in accordance with the provisions thereof, after if temporary Securities of any series are issued, the preparation of definitive Company will cause permanent Securities of such seriesseries to be prepared without unreasonable delay. After preparation of such permanent Securities, the temporary Securities of such series shall be exchangeable for definitive such permanent Securities of such series like tenor upon surrender of the temporary Securities of such series at the office or agency of the Company pursuant to Section 9.2 in a Place of Payment for that such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of permanent Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amounttenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive permanent Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 3 contracts

Samples: St Paul Bancorp Inc, Farmland Industries Inc, St Paul Bancorp Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and register, and upon Company Order the Trustee shall will authenticate and deliver, temporary Securities which are (printed, lithographed, or typewritten, mimeographed or otherwise produced, in ) of any authorized denomination, and substantially of in the tenor form of the definitive Securities in lieu of which they are issued and but with such appropriate omissions, insertions, omissions, substitutions and other variations as may be appropriate for temporary Securities, all as may be determined by the officers of the Company executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued; PROVIDED, HOWEVER, that the Company will cause use reasonable efforts to have definitive Securities of that series to available at the times of any issuance of Securities under this Indenture. Every temporary Security will be prepared without unreasonable delayexecuted and registered 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 Securities. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of The Company will execute and register and furnish definitive Securities of such series, the series as soon as practicable and thereupon any or all temporary Securities of such series shall may be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series surrendered in exchange therefor at the office or agency of the Company in a the Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall will authenticate and deliver in exchange therefor for such temporary Securities of such series one or more definitive Securities of the same series, of any authorized denominations denominations, and of a like tenor and aggregate principal amountamount and tenor. Such exchange will be made by the Company at its own expense and without any charge to the Holder therefor. Until so exchanged, the temporary Securities of any series shall in all respects authenticated and delivered hereunder will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and tenor, except as otherwise specified as contemplated by Section 3.1delivered hereunder.

Appears in 3 contracts

Samples: Louisiana Pacific Corp, Louisiana Pacific Corp, Louisiana Pacific Corp

Temporary Securities. Pending the preparation of definitive Securities of any particular series, the Company may execute, and upon Company Order the Trustee for the Securities of such series shall authenticate and deliver, deliver temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and, in the case of Guaranteed Securities, having endorsed thereon a Guarantee executed by the Guarantor, of the tenor of the definitive Guarantee, and with such appropriate insertions, omissions, substitutions and other variations as the officers officer executing such Securities may determine, as evidenced by their his or her execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee for the Securities of such series shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and and, in the case of like tenor and aggregate principal amountGuaranteed Securities, having endorsed thereon the Guarantee by the Guarantor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 3 contracts

Samples: Ingersoll Rand Co LTD, Ingersoll Rand Co, Ingersoll Rand Co LTD

Temporary Securities. Pending the preparation of definitive Definitive Securities of any series, the Company Partnership may execute, and upon Company Order receipt of the documents required by Section 3.03, together with a Partnership Order, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Partnership will cause definitive Definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place Partnership maintained pursuant to Section 10.02 for the purpose of Payment for that exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 3 contracts

Samples: Buckeye Partners, L.P., Indenture (Buckeye Partners L P), Buckeye Partners L P

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed typewritten or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 3 contracts

Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and the Trustee shall, and upon Company Order the Trustee shall Order, authenticate and delivermake available for delivery, temporary Securities which are of such series (typewritten, printed, lithographed, typewritten, mimeographed lithographed or otherwise produced). Such temporary Securities, in any authorized denominationdenominations, shall be substantially of in the tenor form of the definitive Securities in lieu of which they are issued and issued, in registered form or, if authorized, in bearer form with one or more or without coupons, in the form approved from time to time by or pursuant to a Board Resolution but with such appropriate omissions, insertions, omissions, substitutions and other variations as may be appropriate for temporary Securities, all as may be determined by the officers executing such Securities may determineCompany, as evidenced by their execution but not inconsistent with the terms of such Securities. All this Indenture or any portion provision of applicable law. In the case of any series issuable as Bearer Securities, such temporary Securities of a series shall be delivered only in compliance with the conditions set forth in Section 2.06 and may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged as hereinafter provided), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 4.02 in a Place of Payment for that such series for the purpose of exchanges of Securities of such series, without charge to the Holderholder. Upon surrender for cancellation of any one or more temporary Securities of any seriesseries (accompanied by any unmatured coupons appertaining thereto), the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like aggregate principal amount of definitive Securities of the same series and of like tenor of authorized denominations; provided, that, except as otherwise expressly provided by the Company as contemplated in Section 2.07(b), no definitive Bearer Security shall be delivered in exchange for a temporary Registered Security; and provided further, however, that a definitive Bearer Security shall be delivered in exchange for a temporary Bearer Security only in compliance with the conditions set forth in Section 2.06. Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security of a series (the "Exchange Date"), the Company shall deliver to the Trustee definitive Securities of that series, in aggregate principal amount equal to the principal amount of any such temporary global Security, executed by the Company. On or after the Exchange Date such temporary global Security shall be presented and surrendered by the Common Depositary to the Trustee, as the Company's agent for such purpose, or to the Security Registrar, to be exchanged, in whole or from time to time in part, for definitive Securities of such series without charge, and the Trustee shall authenticate and make available for delivery, in exchange for each portion of such temporary global Security, a like aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor as the portion of such temporary global Security to be exchanged. Every temporary Security shall be executed by the Company and aggregate principal amount. Until so exchanged, be authenticated by the temporary Securities of any series shall in all respects be entitled to Trustee upon the same benefits under this Indenture conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1Securities.

Appears in 3 contracts

Samples: Indenture (Howard Bancorp Inc), Indenture (Howard Bancorp Inc), Howard Bancorp Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon on Company Order the Trustee shall authenticate and deliver, temporary Securities of that series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such those Securities may determine, as evidenced by their execution of such those Securities. All Every such temporary Security shall be executed by the Company and shall be authenticated and delivered by the Trustee on the same conditions and in substantially the same manner, and with the same effect, as the definitive Security or any portion Securities in lieu of the temporary Securities of a series may be Global Securitieswhich it is issued. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such any series, the temporary Securities of such that series shall be exchangeable for those definitive Securities of such series upon on surrender of the temporary Securities of such series at the any office or agency of the Company in a Place of Payment for that seriesdesignated pursuant to Section 10.02, without charge to the Holder. Upon On surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same seriesseries and of like tenor, of any authorized denominations and of a like tenor and aggregate principal amount. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1that series.

Appears in 3 contracts

Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc, American Residential Services Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and the Trustee shall, and upon Company Order the Trustee shall Order, authenticate and delivermake available for delivery, temporary Securities which are of such series (typewritten, printed, lithographed, typewritten, mimeographed lithographed or otherwise produced). Such temporary Securities, in any authorized denominationdenominations, shall be substantially of in the tenor form of the definitive Securities in lieu of which they are issued and issued, in registered form or, if authorized, in bearer form with one or more or without coupons, in the form approved from time to time by or pursuant to a Board Resolution but with such appropriate omissions, insertions, omissions, substitutions and other variations as may be appropriate for temporary Securities, all as may be determined by the officers executing such Securities may determineCompany, as evidenced by their execution but not inconsistent with the terms of such Securities. All this Indenture or any portion provision of applicable law. In the case of any series issuable as Bearer Securities, such temporary Securities of a series shall be delivered only in compliance with the conditions set forth in Section 2.06 and may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged as hereinafter provided), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 4.02 in a Place of Payment for that such series for the purpose of exchanges of Securities of such series, without charge to the Holderholder. Upon surrender for cancellation of any one or more temporary Securities of any seriesseries (accompanied by any unmatured coupons appertaining thereto), the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like aggregate principal amount of definitive Securities of the same series and of like tenor of authorized denominations; provided, that, except as otherwise expressly provided by the Company as contemplated in Section 2.07(b), no definitive Bearer Security shall be delivered in exchange for a temporary Registered Security; and provided further, however, that a definitive Bearer Security shall be delivered in exchange for a temporary Bearer Security only in compliance with the conditions set forth in Section 2.06. Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security of a series (the “Exchange Date”), the Company shall deliver to the Trustee definitive Securities of that series, in aggregate principal amount equal to the principal amount of any such temporary global Security, executed by the Company. On or after the Exchange Date such temporary global Security shall be presented and surrendered by the U.S. Depositary to the Trustee, as the Company’s agent for such purpose, or to the Security Registrar, to be exchanged, in whole or from time to time in part, for definitive Securities of such series without charge, and the Trustee shall authenticate and make available for delivery, in exchange for each portion of such temporary global Security, a like aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor as the portion of such temporary global Security to be exchanged. Every temporary Security shall be executed by the Company and aggregate principal amount. Until so exchanged, be authenticated by the temporary Securities of any series shall in all respects be entitled to Trustee upon the same benefits under this Indenture conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1Securities.

Appears in 3 contracts

Samples: Indenture (Simmons First National Corp), Indenture (Simmons First National Corp), Indenture (Simmons First National Corp)

Temporary Securities. Pending Until certificates representing the preparation Securities are ready for delivery the Company, and, if applicable, any applicable Guarantors, may prepare and execute and the Trustee, upon receipt of definitive Securities of any seriesan Authentication Order, the Company may execute, and upon Company Order the Trustee shall will authenticate and deliver, deliver temporary Securities which are for such Series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any Series may be issued in any authorized denomination, and substantially of in the tenor form of the definitive Securities in lieu of which they are issued and such Series but with such appropriate insertions, omissions, substitutions insertions and other variations as the officers executing such Company considers appropriate for temporary Securities. Temporary Securities may determinecontain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security shall be executed by the Company, and, if applicable, any applicable Guarantors, and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as evidenced by their execution of such the definitive Securities. All or Without unreasonable delay the Company, and, if applicable, any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issuedapplicable Guarantors, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of execute and shall furnish definitive Securities of such series, the Series and thereupon temporary Securities of such series shall Series may be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series surrendered in exchange therefor without charge at the each office or agency of to be maintained by the Company in a Place of Payment for that seriespurpose pursuant to Sections 2.05 and 4.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more for such temporary Securities of such Series a like aggregate principal amount of definitive Securities of the same series, Series of any authorized denominations and denominations. Holders of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects will be entitled to all of the same benefits under of this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1Indenture.

Appears in 3 contracts

Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities of that series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of that series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or In the case of Securities of any portion of the series, such temporary Securities of a series may be in the form of Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable exchangeable, subject to Section 305 hereof, for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 3 contracts

Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc), Indenture (Anixter International Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities of any series, the Company Issuer may execute, and upon Company Issuer Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form, and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion of the Such temporary Securities of a series may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged in accordance with Section 304(b) or as otherwise provided in or pursuant to a Board Resolution), if temporary Securities of any series are issued, the Company Issuer will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Issuer in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 3 contracts

Samples: Indenture (Arden Realty LTD), Indenture (Rait Investment Trust), Indenture (Rait Investment Trust)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the applicable Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form, and with such appropriate insertions, omissions, substitutions and other variations as the officers Officer executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion Such temporary Securities may be in global form. Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If following paragraphs), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the applicable Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountevidencing the same indebtedness. Until so exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. If temporary Securities of any series are issued in global form, any such temporary global Security shall, unless otherwise provided therein, be delivered to the office of the Depositary for credit to the respective accounts of the beneficial owners of such Securities (or to such other accounts as they may direct). Without unnecessary delay, but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security (the “Exchange Date”), the Company shall deliver to the Trustees definitive Securities, in aggregate principal amount equal to the principal amount of such temporary global Security and of like tenor and evidencing the same indebtedness, executed by the Company. On or after the Exchange Date, such temporary global Security shall be surrendered by the Depositary to the Trustees, as the Company’s agent for such purpose, to be exchanged, in whole or from time to time in part, for definitive Securities without charge and the applicable Trustee shall authenticate and deliver, in exchange for each portion of such temporary global Security, an equal aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor and evidencing the same indebtedness as the portion of such temporary global Security to be exchanged. The definitive Securities to be delivered in exchange for any such temporary global Security shall be in registered form or permanent global registered form, or any combination thereof, as specified as contemplated by Section 3.01, and, if any combination thereof is so specified, as requested by the beneficial owner thereof; provided, however, that, unless otherwise specified in such temporary global Security, upon such presentation by the Depositary, such temporary global Security is accompanied by a certificate dated the Exchange Date or a subsequent date and signed by the Depositary as to the portion of such temporary global Security held for its account then to be exchanged and a certificate dated the Exchange Date or a subsequent date, each in the form set forth in Exhibit A-2 to this Indenture (or in such other form as may be established pursuant to Section 3.01). Unless otherwise specified in such temporary global Security, the interest of a beneficial owner of Securities of a series in a temporary global Security shall be exchanged for definitive Securities of the same series and of like tenor and evidencing the same indebtedness following the Exchange Date when the account holder instructs the Depositary to request such exchange on his behalf and delivers to the Depositary a certificate in the form set forth in Exhibit A-1 to this Indenture (or in such other form as may be established pursuant to Section 3.01), dated no earlier than 15 days prior to the Exchange Date, copies of which certificate shall be available from the offices of the Depositary, the Trustees, any Authenticating Agent appointed for such series of Securities and each Paying Agent. Unless otherwise specified in such temporary global Security, any such exchange shall be made free of charge to the beneficial owners of such temporary global Security, except that a Person receiving definitive Securities must bear the cost of insurance, postage, transportation and the like in the event that such Person does not take delivery of such definitive Securities in person at the offices of the Depositary. Until exchanged in full as hereinabove provided, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series and tenorof like tenor and evidencing the same indebtedness authenticated and delivered hereunder, except as that, unless otherwise specified as contemplated by Section 3.13.01, interest payable on a temporary global Security on an Interest Payment Date for Securities of such series occurring prior to the applicable Exchange Date shall be payable to the Depositary on such Interest Payment Date upon delivery by the Depositary to the Trustees of a certificate or certificates in the form set forth in Exhibit A-2 to this Indenture (or in such other form as may be established pursuant to Section 3.01), for credit without further interest thereon on or after such Interest Payment Date to the respective accounts of the Persons who are the beneficial owners of such temporary global Security on such Interest Payment Date and who have each delivered to the Depositary a certificate dated no earlier than 15 days prior to the Interest Payment Date occurring prior to such Exchange Date in the form set forth in Exhibit A-1 to this Indenture (or in such other form as may be established pursuant to Section 3.01). Notwithstanding anything to the contrary herein contained, the certifications made pursuant to this paragraph shall satisfy the certification requirements of the preceding two paragraphs of this Section 3.04 and of the third paragraph of Section 3.03 and the interests of the Persons who are the beneficial owners of the temporary global Security with respect to which such certification was made will be exchanged for definitive Securities of the same series and of like tenor and evidencing the same indebtedness on the Exchange Date or the date of certification if such date occurs after the Exchange Date, without further act or deed by such beneficial owners. Except as otherwise provided in this paragraph, no payments of principal of, premium (if any) or interest (if any) owing with respect to a beneficial interest in a temporary global Security will be made unless and until such interest in such temporary global Security shall have been exchanged for an interest in a definitive Security. Any interest so received by the Depositary and not paid as herein provided shall be returned to the Trustees immediately prior to the expiration of two years after such Interest Payment Date in order to be repaid to the Company in accordance with Section 10.03.

Appears in 3 contracts

Samples: Eldorado Gold Corp /Fi, Curaleaf Holdings, Inc., Ascend Wellness Holdings, Inc.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and deliver to the Trustee, and upon Company Order the Trustee shall authenticate and deliver, in the manner provided in Section 303, temporary Securities of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form, or, if authorized, in bearer form with one or more coupons or without coupons and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Securities may determine, as evidenced by their execution of such Securities. All or In the case of Bearer Securities of any portion series, such temporary Securities may be in global form, representing all of the Outstanding Bearer Securities of such series. Except in the case of temporary Global Securities in bearer form (which shall be exchanged in accordance with provisions specified as contemplated by Section 301) and temporary Securities in global form (which shall be exchanged in accordance with the provisions of a series may be Global Securities. If Sections 305 and 301), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such seriesSecurities, the temporary Securities of such series shall be exchangeable upon request for definitive Securities of such series containing identical terms and provisions upon surrender of the temporary Securities of such series at the an office or agency of the Company in a Place of Payment maintained for that seriessuch purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series (accompanied by any unmatured coupons appertaining thereto) the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of authorized denominations of the same seriesseries containing identical terms and provisions; provided, of any authorized denominations however, that no definitive Bearer Security, except as provided pursuant to Section 301, shall be delivered in exchange for a temporary Registered Security; and of like tenor and aggregate principal amountprovided, further, that a definitive Bearer Security shall be delivered in exchange for a temporary Bearer Security only in compliance with the conditions set forth therein. Until so exchangedUnless otherwise specified as contemplated by Section 301, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 3 contracts

Samples: Comdisco Inc, Comdisco Inc, Comdisco Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Issuer may executeexecute and deliver to the Trustee, and upon Company Order the Trustee shall authenticate and deliver, in the manner provided in Section 3.3, temporary Securities which of such series that are printed, lithographed, typewritten, mimeographed typewritten or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, and having endorsed thereon Guarantees executed by the Guarantors of the tenor of the definitive Guarantees, in registered form without coupons and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or In the case of Securities of any portion series, such temporary Securities may be in global form, representing all of the Outstanding Securities of such series and tenor. Except in the case of temporary Securities of a series may in global form, which shall be Global Securities. If exchanged in accordance with the provisions thereof, if temporary Securities of any series are issued, the Company Issuer will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such seriesSecurities, the temporary Securities of such series shall be exchangeable upon request for definitive Securities of such series containing identical terms and provisions (including the Guarantees endorsed thereon) upon surrender of the temporary Securities of such series at the an office or agency of the Company in a Place of Payment Issuer maintained for that seriessuch purpose pursuant to Section 10.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of authorized denominations of the same seriesseries containing identical terms and provisions (including the Guarantees endorsed thereon). Unless otherwise specified as contemplated by Section 3.1 with respect to a temporary Security in global form, of any authorized denominations and of like tenor and aggregate principal amount. Until until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 2 contracts

Samples: Indenture (Perrigo Finance PLC), Perrigo Finance PLC

Temporary Securities. Pending the preparation of definitive Definitive Securities of any series, the Company Partnership may execute, and upon Company receipt of the documents required by Section 303, together with a Partnership Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities of like series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Partnership will cause definitive Definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place Partnership maintained pursuant to Section 1002 for the purpose of Payment for that exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 2 contracts

Samples: Indenture (Kinder Morgan Energy Partners L P), Kinder Morgan Energy Partners L P

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee Trustees, or either of them, shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion Such temporary Securities may be in global form. Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If following paragraphs), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the either Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchangedexchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security (the “Exchange Date”), the Company shall deliver to the Trustees definitive Securities, in aggregate principal amount equal to the principal amount of such temporary global Security, executed by the Company. Until exchanged in full as hereinabove provided, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series and tenor, except as otherwise specified as contemplated by Section 3.1of like tenor authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Electrovaya Inc., Colliers International Group Inc.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which that are printed, lithographed, typewritten, mimeographed or otherwise producedproduced by any other method, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form, and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or In the case of Securities of any portion of the series, such temporary Securities of a series may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which will be exchanged in accordance with the provisions thereof), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall will be exchangeable for definitive Securities of such series series, upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall will in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 2 contracts

Samples: Otis Worldwide Corp, Highland Holdings S.a r.l.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.13.1 .

Appears in 2 contracts

Samples: Indenture (Univest Corp of Pennsylvania), Indenture (Univest Corp of Pennsylvania)

Temporary Securities. Pending the preparation of --------------------- definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If following paragraphs), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 2 contracts

Samples: Indenture (National Service Industries Inc), Indenture (National Service Industries Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee or Authenticating Agent shall authenticate and deliver, temporary Securities (having Guarantees duly endorsed thereon) which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company designated pursuant to Section 1102 in a Place of Payment for Securities of that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee or Authenticating Agent shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations series and of a like tenor and aggregate principal amountamount and tenor of authorized denominations. Until so exchanged, the temporary Securities of any series and the Guarantees endorsed thereon shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1tenor and the Guarantees endorsed thereon.

Appears in 2 contracts

Samples: Indenture (Mellon Financial Corp), Mellon Financial Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor. Neither the Company nor the Trustee shall have any responsibility for any defect in the CUSIP number that appears on any Security, except as otherwise specified as contemplated check, advice of payment or redemption notice, and any such document may contain a statement to the effect that CUSIP numbers have been assigned by Section 3.1an independent service for convenience of reference and that neither the Company nor the Trustee shall be liable for any inaccuracy in such numbers.

Appears in 2 contracts

Samples: Intuit Inc, Cypress Semiconductor Corp /De/

Temporary Securities. Pending the preparation of definitive Until Definitive Securities of any seriesa Series are prepared, the Company Corporation may execute, and upon Company Order there shall be authenticated and delivered in accordance with the Trustee shall authenticate and deliverprovisions of Section 3 (in lieu of Definitive Securities of such Series), temporary Temporary Securities of such Series which are printed, lithographed, typewritten, mimeographed typewritten or otherwise produced, in any authorized denominationdenominations, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securitiesissued. All or any portion of the temporary Such Temporary Securities of a series Series shall be subject to the same limitations and conditions and entitled to the same rights and benefits as Definitive Securities of such Series and of like tenor, except as provided herein or therein. Such Temporary Securities may be Global Securitiesin registered global form. If temporary Temporary Securities of any series are issueda Series shall be exchangeable for Definitive Securities of such Series when the latter shall be ready for delivery; and upon the surrender for exchange of such Temporary Securities of a Series, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which Corporation shall execute and there shall be exchanged authenticated and delivered, in accordance with the provisions thereofof Sections 5 and 6, after the preparation in exchange for such Temporary Securities of definitive a Series, a like aggregate principal amount of Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations Series and of like tenor tenor. The Corporation shall pay all charges, including (without limitation) stamp and aggregate principal amountother taxes and governmental charges, incident to any exchange of Temporary Securities for Definitive Securities. Until so exchanged, All Temporary Securities shall be identified as such and shall describe the temporary right of the holder thereof to effect an exchange for Definitive Securities of any series shall and the manner in all respects which such an exchange may be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1effected.

Appears in 2 contracts

Samples: Fiscal Agency Agreement (Crown in Right of New South Wales), Fiscal Agency Agreement (Crown in Right of New South Wales)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Operating Partnership may execute, and upon Company Operating Partnership Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form, and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or In the case of Securities of any portion of the series, such temporary Securities of a series may be Global Securitiesin global form. If temporary Securities of any series are issued, the Company Operating Partnership will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Operating Partnership in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Operating Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 2 contracts

Samples: Satisfaction and Discharge (Amb Property Corp), Indenture (Amb Property Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and, and upon Company Order Order, the Trustee shall authenticate and deliver, deliver temporary Securities of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor and form, of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion In the case of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issuedseries, the Company will cause definitive such temporary Securities of that series to may be prepared without unreasonable delayin global form. Except in the case of temporary Securities that are Global Securitiesin global form, each of which shall be exchanged in accordance with the provisions thereof, after if temporary Securities of any series are issued, the preparation of definitive Company will cause permanent Securities of such seriesseries to be prepared without unreasonable delay. After preparation of such permanent Securities, the temporary Securities of such series shall be exchangeable for definitive such permanent Securities of such series like tenor upon surrender of the temporary Securities of such series at the office or agency of the Company pursuant to Section 9.2 in a Place of Payment for that such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of permanent Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amounttenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive permanent Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 2 contracts

Samples: Farmland Industries Inc, Farmland Industries Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and the Trustee shall, and upon Company Order the Trustee shall Order, authenticate and delivermake available for delivery, temporary Securities which are of such series (typewritten, printed, lithographed, typewritten, mimeographed lithographed or otherwise produced). Such temporary Securities, in any authorized denominationdenominations, shall be substantially of in the tenor form of the definitive Securities in lieu of which they are issued and issued, in registered form or, if authorized, in bearer form with one or more or without coupons, in the form approved from time to time by or pursuant to a Board Resolution but with such appropriate omissions, insertions, omissions, substitutions and other variations as may be appropriate for temporary Securities, all as may be determined by the officers executing such Securities may determineCompany, as evidenced by their execution but not inconsistent with the terms of such Securities. All this Indenture or any portion provision of applicable law. In the case of any series issuable as Bearer Securities, such temporary Securities of a series shall be delivered only in compliance with the conditions set forth in Section 2.06 and may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged as hereinafter provided), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 4.02 in a Place of Payment for that such series for the purpose of exchanges of Securities of such series, without charge to the Holderholder. Upon surrender for cancellation of any one or more temporary Securities of any seriesseries (accompanied by any unmatured coupons appertaining thereto), the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like aggregate principal amount of definitive Securities of the same series and of like tenor of authorized denominations; provided, that, except as otherwise expressly provided by the Company as contemplated in Section 2.07(b), no definitive Bearer Security shall be delivered in exchange for a temporary Registered Security; and provided further, however, that a definitive Bearer Security shall be delivered in exchange for a temporary Bearer Security only in compliance with the conditions set forth in Section 2.06. Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security of a series (the “Exchange Date”), the Company shall deliver to the Trustee definitive Securities of that series, in aggregate principal amount equal to the principal amount of any such temporary global Security, executed by the Company. On or after the Exchange Date such temporary global Security shall be presented and surrendered by the Common Depositary to the Trustee, as the Company’s agent for such purpose, or to the Security Registrar, to be exchanged, in whole or from time to time in part, for definitive Securities of such series without charge, and the Trustee shall authenticate and make available for delivery, in exchange for each portion of such temporary global Security, a like aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor as the portion of such temporary global Security to be exchanged. Every temporary Security shall be executed by the Company and aggregate principal amount. Until so exchanged, be authenticated by the temporary Securities of any series shall in all respects be entitled to Trustee upon the same benefits under this Indenture conditions and in substantially the same manner, and with like effect, as the definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1Securities.

Appears in 2 contracts

Samples: Indenture (BCB Bancorp Inc), Indenture (BCB Bancorp Inc)

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Temporary Securities. Pending the preparation of definitive Securities of any series, or any Tranche thereof, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and issued, with such appropriate insertions, omissions, substitutions and other variations as the officers any officer executing such Securities may determine, as evidenced by their such officer's execution of such Securities. All or any portion of the ; provided, however, that temporary Securities of a series may be Global Securitiesneed not recite specific redemption, sinking fund, conversion or exchange provisions. If temporary Securities of any series or Tranche are issued, the Company will shall cause definitive Securities of that such series or Tranche to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such seriesseries or Tranche, the temporary Securities of such series or Tranche shall be exchangeable for definitive Securities of such series or Tranche, upon surrender of the temporary Securities of such series or Tranche at the office or agency of the Company maintained pursuant to Section 702 in a Place of Payment for that seriessuch series or Tranche, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any seriesseries or Tranche, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same seriesseries or Tranche, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchangedexchanged in full as hereinabove provided, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series and tenor, except as otherwise specified as contemplated by Section 3.1Tranche and of like tenor authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (PPL Electric Utilities Corp), PPL Electric Utilities Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, or any Tranche thereof, the Company may execute, and upon Company Order or Company Request the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed mimeographed, photocopied or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and issued, with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the ; provided, however, that temporary Securities of a series may be Global Securitiesneed not recite specific redemption, sinking fund, conversion or exchange provisions. If temporary Except as otherwise specified as contemplated by Section 3.1 with respect to the Securities of any series are issuedseries, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions or any Tranche thereof, after the preparation of definitive Securities of such seriesseries or Tranche, the temporary Securities of such series or Tranche shall be exchangeable exchangeable, without charge to the Holder thereof, for definitive Securities of such series or Tranche upon surrender of the such temporary Securities of such series at the office or agency of the Company in maintained pursuant to Section 6.2 as a Place of Payment for that series, without charge to the Holdersuch Securities. Upon such surrender for cancellation of any one or more temporary Securities of any seriesSecurities, the Company shall shall, except as aforesaid, execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same seriesseries and Tranche, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchangedexchanged in full as hereinabove provided, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series and tenor, except as otherwise specified as contemplated by Section 3.1Tranche and of like tenor authenticated and delivered hereunder.

Appears in 2 contracts

Samples: First Mortgage Indenture (South Jersey Industries Inc), SOUTH JERSEY GAS Co

Temporary Securities. Pending the preparation of definitive -------------------- Securities of any series, the Company may execute, execute and upon Company Order the Trustee shall shall, upon the written order of the Company, authenticate and deliver, deliver temporary Securities which are printed, of such series (printed or lithographed, typewritten, mimeographed or otherwise produced, ) of any denomination and substantially in any authorized denomination, substantially of the tenor form of the definitive Securities in lieu of which they are issued such series, but with or without a recital of specific redemption prices or conversion provisions and with such appropriate insertions, omissions, substitutions insertions and other variations as may be appropriate for temporary Securities, all as may be determined by the officers executing such Company. Temporary Securities may determinecontain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as evidenced by their execution the definitive Securities. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such Securities. All series and thereupon any or any portion of the all temporary Securities of a such series may be Global Securities. If surrendered in exchange therefor, at the offices or agencies to be maintained by the Company as provided in SECTION 4.02 with respect to the Securities of such series, and the Trustee shall, upon the written order of the Company, authenticate and deliver in exchange for such temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation an equal aggregate principal amount of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and tenor, except as otherwise specified as contemplated by Section 3.1delivered hereunder.

Appears in 2 contracts

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

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officer or officers of the Company executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delayprepared. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall may be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor. Section 305. Registration, Registration of Transfer and Exchange. The Company shall cause to be kept at the Corporate Trust Office of the Trustee for the Securities of each series a register (the register maintained in such office and in any other office or agency of the Company in a Place of Payment being herein sometimes collectively referred to as the “Security Register”) in which, subject to such reasonable regulations as it may prescribe, the Company shall provide for the registration of Securities and of transfers of Securities. The Trustee is hereby appointed “Security Registrar” for the purpose of registering Securities and transfers of Securities as herein provided. Upon surrender for registration of transfer of any Security of any series at the office or agency in a Place of Payment for that series, the Company shall execute, and the Trustee shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Securities of the same series, of any authorized denominations and of a like aggregate principal amount and tenor. At the option of the Holder, Securities of any series may be exchanged for other Securities of the same series, of any authorized denominations and of a like aggregate principal amount and tenor, upon surrender of the securities to be exchanged at such office or agency. Whenever any Securities are so surrendered for exchange, the Company shall execute, and the Trustee shall authenticate and deliver, the Securities which the Holder making the exchange is entitled to receive. All Securities issued upon any registration of transfer or exchange of Securities shall be the valid obligations of the Company, evidencing the same Debt, and entitled to the same benefits under this Indenture, as the Securities surrendered upon such registration of transfer or exchange. Every Security presented or surrendered for registration of transfer or for exchange shall (if so required by the Company or the Trustee) be duly endorsed, or be accompanied by a written instrument of transfer in form satisfactory to the Company and the Security Registrar duly executed, by the Holder thereof or his attorney duly authorized in writing. No service charge shall be made to a Holder for any registration of transfer or exchange of Securities, but the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any registration of transfer or exchange of Securities, other than exchanges pursuant to Section 304, 906 or 1107 not involving any transfer. If the Securities of any series (or any series and specified tenor) are to be redeemed, in whole or in part, the Company shall not be required (i) to issue, register the transfer of or exchange Securities of that series (or that series and tenor, as the case may be) during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Securities of that series selected for redemption under Section 1103 and ending at the close of business on the day of such mailing, or (ii) to register the transfer of or exchange any Security so selected for redemption in whole or in part, except the unredeemed portion of any Security being redeemed in part. If the Company shall establish pursuant to Section 301 that the Securities of a series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee for the Securities of such series shall, in accordance with Section 303 and the Company Order with respect to such series, authenticate and deliver one or more Global Securities in temporary or permanent form that (1) shall represent and shall be denominated in an amount equal to the aggregate principal amount of the Outstanding Securities of such series to be represented by one or more Global Securities, (2) shall be registered in the name of the Depositary for such Global Security or Securities or the nominee of such Depositary, and (3) shall bear a legend substantially to the following effect: “THIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF. THIS SECURITY MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY, OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY, UNLESS AND UNTIL THIS SECURITY IS EXCHANGED IN WHOLE OR IN PART FOR SECURITIES IN DEFINITIVE FORM” and such other legend as otherwise may be required by the depositary. Notwithstanding any other provision of this Section 305, unless and until it is exchanged in whole or in part for Securities in definitive form, a Global Security representing all or a portion of the Securities of a series may not be transferred except as a whole by the Depositary for such series to a nominee of such Depositary or by a nominee of such Depositary to such Depositary or another nominee of such Depositary, or by such Depositary or any such nominee to a successor Depositary for such series or a nominee of such successor Depositary. If at any time the Depositary for the Securities of a series notifies the Company that it is unwilling or unable to continue as Depositary for the Securities of such series or if at any time the Depositary for Securities of a series shall no longer be a clearing agency registered and in good standing under the Exchange Act or other applicable statute or regulation, the Company shall appoint a successor Depositary with respect to the Securities of such series. If a successor Depositary for the Securities of such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, the Company will execute, and the Trustee for the Securities of such series, upon receipt of a Company Order for the authentication and delivery of definitive Securities of such series, will authenticate and deliver, Securities of such series in definitive form in an aggregate principal amount equal to the principal amount of the Global Security or Global Securities representing such series in exchange for such Global Security or Global Securities. The Company may at any time and in its sole discretion determine that the Securities of any series issued in the form of one or more Global Securities shall no longer be represented by such Global Security or Global Securities. In such event, the Company will execute, and the Trustee for the Securities of such series, upon receipt of a Company Order for the authentication and delivery of definitive Securities of such series, will authenticate and deliver, Securities of such Series in definitive form and in an aggregate principal amount equal to the principal amount of the Global Security or Global Securities representing such series in exchange for such Global Security or Global Securities. If the Securities of any series shall have been issued in the form of one or more Global Securities and if an Event of Default with respect to the Securities of such series shall have occurred and be continuing, the Company will promptly execute, and the Trustee for the Securities of such series, upon receipt of a Company Order for the authentication and delivery of definitive Securities of such series, will authenticate and deliver Securities of such series in definitive form and in an aggregate principal amount equal to the principal amount of the Global Security or Global Securities representing such series in exchange for such Global Security or Global Securities. If specified by the Company pursuant to Section 301 with respect to Securities of a series, the Depositary for such series of Securities may surrender a Global Security for such series of Securities in exchange in whole or in part for Securities of such series in definitive form on such terms as contemplated by Section 3.1.are acceptable to the Company and such Depositary. Thereupon, the Company shall execute and the Trustee for the Securities of such series shall authenticate and deliver, without charge:

Appears in 2 contracts

Samples: Nextel Communications Inc, Nextel Communications Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All Securities (but which do not affect the rights or any portion duties of the temporary Securities of a series may be Global SecuritiesTrustee). If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 10.02 in a each Place of Payment for that series for the purpose of exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series (accompanied by any related coupons appertaining thereto) the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 2 contracts

Samples: Indenture (Celestica Inc), Indenture (Celestica Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and deliver, temporary Securities which that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of that such series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such seriesSecurities, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment Corporation designated for that series, purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any seriesSecurities, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, series of any authorized denominations and denominations, of like tenor and aggregate principal amount, bearing such legends as may be required by this Indenture and bearing a number not contemporaneously outstanding. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 2 contracts

Samples: Bt Capital Trust B, Bt Preferred Capital Trust Iv

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Issuer may execute, execute and upon Company Order the Trustee shall authenticate and deliver, deliver temporary Securities which are of such series. Temporary Securities of any series shall be issuable as registered Securities without coupons, printed, lithographed, typewritten, mimeographed photocopied or otherwise producedreproduced, in any authorized denomination, and substantially of in the tenor form of the definitive Securities in lieu of which they are issued and such series but with such appropriate insertions, omissions, substitutions insertions and other variations as may be appropriate for temporary Securities, all as the officers Officer executing such Securities may determine, as conclusively evidenced by their his or her execution of such Securities. All or Temporary Securities may contain such reference to any portion provisions of this Indenture as may be appropriate. Every temporary Security shall be executed by an Officer of the temporary Securities of a series may Issuer and be Global authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities. If temporary Securities of any series are issued, Without unreasonable delay the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which Issuer shall be exchanged in accordance with the provisions thereof, after the preparation of execute and shall furnish definitive Securities of such series, unless the Securities of a series are to be issued as Global Securities pursuant to Section 2.14, and thereupon temporary Securities of such series shall may be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series surrendered in exchange therefor without charge at the each office or agency of to be maintained by the Company in a Place of Payment Issuer for that seriespurpose pursuant to Section 3.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more for such temporary Securities of such series a like aggregate principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 2 contracts

Samples: Indenture (Air Products & Chemicals Inc /De/), Air Products And (Air Products & Chemicals Inc /De/)

Temporary Securities. Pending the preparation of definitive Securities of any series, or any Tranche thereof, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of Except as otherwise specified as contemplated by Section 301 with respect to the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issuedseries, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions or any Tranche thereof, after the preparation of definitive Securities of such seriesseries or Tranche, the temporary Securities of such series or Tranche shall be exchangeable exchangeable, without charge to the Holder thereof, for definitive Securities of such series or Tranche upon surrender of the such temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 602 in a Place of Payment for that series, without charge to the Holdersuch Securities. Upon such surrender for cancellation of any one or more temporary Securities of any seriesSecurities, the Company shall shall, except as aforesaid, execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same seriesseries and Tranche, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 2 contracts

Samples: Centerpoint Energy Inc, ITC Holdings Corp.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may executeexecute and, and upon Company Order Order, the Trustee shall authenticate and deliver, deliver temporary Securities which of such series that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor and form of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive permanent Securities of that such series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the After preparation of definitive Securities of such seriespermanent Securities, the temporary Securities of such series shall be exchangeable for definitive such permanent Securities of such series like tenor upon surrender of the temporary Securities of such series at the office or agency of the Company pursuant to Section 9.2 in a Place of Payment for that such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of permanent Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amounttenor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive permanent Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 2 contracts

Samples: Robbins & Myers Inc, Robbins & Myers Inc

Temporary Securities. (a) Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which that are printed, lithographed, typewritten, mimeographed or otherwise producedreproduced, in any authorized denominationdenominations, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All Any such temporary Security may be in the form of one or any more Global Securities, representing all or a portion of the temporary Outstanding Securities of a series may such series. Every such temporary Security shall be Global Securitiesexecuted by the Company and shall be authenticated and delivered by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Security or Securities in lieu of which it is issued. (b) If temporary Securities of any series are issued, the Company will cause definitive Securities of that such series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the such temporary Securities of such series at the office or agency of the Company in a Place of Payment for that such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.to

Appears in 1 contract

Samples: SmileDirectClub, Inc.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed typewritten or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or In the case of Securities of any portion of the series, such temporary Securities of a series may be Global Securitiesin global form. If Except in the case of temporary Securities in global form or as otherwise provided in or pursuant to a Board Resolution, if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of like tenor of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, of any authorized denominations series and of like tenor and aggregate principal amountof any authorized denominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Leggett & Platt Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, execute and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and having endorsed thereon the Guarantee substantially of the tenor of the definitive Guarantee in lieu of which it is issued duly executed by the Guarantor and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities or Guarantee may determine, as evidenced by their execution of such Securities. All Securities or any portion of Guarantee, as the temporary Securities of a series case may be Global Securitiesbe. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and of a like aggregate principal amountnumber of Securities and having endorsed thereon the Guarantee executed by the Guarantor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: American International Group Inc

Temporary Securities. Pending the preparation of definitive Securities of for any series, the Company Issuer may execute, execute and upon Company Order the Trustee shall authenticate and deliver, make available for delivery temporary Securities which are for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced). Temporary Securities of any series shall be issuable as registered Securities without coupons, in any authorized denomination, and substantially in the form of the tenor definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Issuer. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities in lieu of which they are issued issued. Without unreasonable delay, and with such appropriate insertions, omissions, substitutions and other variations as in no case more than 60 days after the officers executing such Securities may determine, as evidenced by their execution issuance of such temporary Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which Issuer shall be exchanged in accordance with the provisions thereof, after the preparation of execute and shall furnish definitive Securities of such series, the series and thereupon temporary Securities of such series shall may be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series surrendered in exchange therefor without charge at the each office or agency of to be maintained by the Company in a Place of Payment Issuer for that seriespurpose pursuant to Section 3.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more for such temporary Securities of such series a like aggregate principal amount of definitive Securities of the same series, series of any authorized denominations having the same interest rate, maturity and of like tenor redemption and aggregate principal amountrepayment provisions, and bearing interest from the same date as such temporary Securities. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and tenor, except as otherwise specified as contemplated by Section 3.1delivered hereunder.

Appears in 1 contract

Samples: Indenture (Ahold Finance Usa Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion Every such temporary Security shall be executed by the Company and shall be authenticated and delivered by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Security in lieu of the temporary Securities of a series may be Global Securitieswhich it is issued. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. Section 305. Registration, Registration of Transfer and Exchange and Book-Entry Securities. The Company shall cause to be kept at one of its offices or agencies maintained pursuant to Section 1002 a register (the register maintained in such office being herein sometimes referred to as the "Security Register") in which, subject to such reasonable regulations as it may prescribe, the Company shall provide for the registration of Securities and of transfers of Securities. The Person responsible for the maintenance of the Security Register is referred to herein as the "Security Registrar." The Trustee is hereby initially appointed Security Registrar for the purpose of registering Securities and transfers of Securities as herein provided. Upon surrender for registration of transfer of any Security of any series at the office or agency in a Place of Payment for that series, the Company shall execute, and tenorthe Trustee shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Securities of the same series, of any authorized denominations and of a like aggregate principal amount. At the option of the Holder, Securities of any series (except Global Securities) may be exchanged for other Securities of the same series (except Global Securities) of any authorized denominations and of a like aggregate principal amount, upon surrender of the Securities to be exchanged at such office or agency. Whenever any Securities are so surrendered for exchange, the Company shall execute, and the Trustee shall authenticate and deliver, the Securities which the Holder making the exchange is entitled to receive. All Securities issued upon any registration of transfer or exchange of Securities shall be valid obligations of the Company, evidencing the same debt, and entitled to the same benefits under this Indenture, as the Securities surrendered upon such registration of transfer or exchange. Every Security presented or surrendered for registration of transfer or for exchange shall (if so required by the Company or the Security Registrar) be duly endorsed, or be accompanied by a written instrument of transfer in form satisfactory to the Company and the Security Registrar duly executed, by the Holder thereof or his attorney duly authorized in writing. No service charge shall be made for any registration of transfer or exchange of Securities, but the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any registration of transfer or exchange of Securities, other than exchanges pursuant to Section 304, 906, 1107, 1305 or 1403 not involving any transfer. The Company shall not be required (i) to issue, register the transfer of or exchange Securities of any series during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Securities of that series selected for redemption under Section 1103 and ending at the close of business on the day of such mailing, or (ii) to register the transfer of or exchange any Security so selected for redemption in whole or in part, except the unredeemed portion of any Security being redeemed in part. Notwithstanding any other provision of this Section 305, unless and until it is exchanged in whole or in part for Securities in definitive registered form, a Global Security representing all or a portion of the Securities of a series may not be transferred except as otherwise a whole by the Depositary for such series to a nominee of such Depositary or by a nominee of such Depositary to such Depositary or another nominee of such Depositary or by such Depositary or any such nominee to a successor Depositary for such series or a nominee of such successor Depositary. If at any time the Depositary for the Securities of a series notifies the Company that it is unwilling or unable to continue as Depositary for the Securities of such series or if at any time the Depositary for the Securities of a series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, the Company shall appoint a successor Depositary with respect to the Securities of such series. If a successor Depositary for the Securities of such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, the Company shall execute, and the Trustee, upon receipt of a Company Order for the authentication and delivery of definitive Securities of such series, shall authenticate and deliver Securities of such series in definitive form in an aggregate principal amount equal to the principal amount of the Global Security or Securities representing such series in exchange for such Global Security or Securities. The Company may at any time and in its sole discretion determine that the Securities of any series issued in the form of one or more Global Securities shall no longer be represented by a Global Security or Securities. In such event the Company shall execute, and the Trustee, upon receipt of a Company Order for the authentication and delivery of definitive Securities of such series, shall authenticate and deliver, Securities of such series in definitive registered form without coupons, in any authorized denominations, in an aggregate principal amount equal to the principal amount of the Global Security or Securities representing such series, in exchange for such Global Security or Securities. If specified by the Company pursuant to Section 301 with respect to a series of Securities, the Depositary for such series of Securities may surrender a Global Security for such series of Securities in exchange in whole or in part for Securities of such series in definitive registered form on such terms as contemplated by Section 3.1.are acceptable to the Company and such Depositary. Thereupon, the Company shall execute, and the Trustee shall authenticate and deliver, without service charge,

Appears in 1 contract

Samples: Richfood Holdings Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order a Responsible Officer of the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed typewritten or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or In the case of Securities of any portion of the series, such temporary Securities of a series may be in the form of Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable exchangeable, subject to Section 305, for definitive Securities of like tenor of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and a Responsible Officer of the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, of any authorized denominations series and of like tenor and aggregate principal amountof any authorized denominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Benchmark Electronics Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. If the Company shall establish pursuant to Section 3.1 that the Securities of a series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and tenorthe Trustee shall, in accordance with Section 3.3 and the Company Order with respect to such series, authenticate and deliver one or more Global Securities in temporary or permanent form that (i) shall represent and shall be denominated in an amount equal to the aggregate principal amount of the Outstanding Securities of such series to be represented by one or more Global Securities, (ii) shall be registered in the name of the U.S. Depositary for such Global Security or Securities or the nominee of such depositary, and (iii) shall bear a legend substantially to the following effect: "This Security may not be transferred except as otherwise a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary, unless and until this Security is exchanged in whole or in part for Securities in definitive form" and such other legend as may be required by the U.S. Depositary. Notwithstanding any other provision of this Section, unless and until it is exchanged in whole or in part for Securities in definitive form, a Global Security representing all or a portion of the Securities of a series may not be transferred except as a whole by the U.S. Depositary for such series to a nominee of such depositary or by a nominee of such depositary to such depositary or another nominee of such depositary or by such depositary or any such nominee to a successor U.S. Depositary for such series or a nominee of such successor depositary. If at any time the U.S. Depositary for the Securities of a series notifies the Company that it is unwilling or unable to continue as U.S. Depositary for the Securities of such series or if any time the U.S. Depositary for Securities of a series shall no longer be a clearing agency registered and in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, the Company shall appoint a successor U.S. Depositary with respect to the Securities of such series. If a successor U.S. Depositary for the Securities of such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, the Company will execute, and the Trustee, upon receipt of a Company Order for the authentication and delivery of definitive Securities of such series, will authenticate and deliver, Securities of such series in definitive form in an aggregate principal amount equal to the principal amount of the Global Security or Securities representing such series in exchange for such Global Security or Securities. The Company may at any time and in its sole discretion determine that the Securities of any series issued in the form of one or more Global Securities shall no longer be represented by such Global Security or Securities. In such event, the Company will execute, and the Trustee, upon receipt of a Company Order for the authentication and delivery of definitive Securities of such series, will authenticate and deliver, Securities of such Series in definitive form and in an aggregate principal amount equal to the principal amount of the Global Security or Securities representing such series in exchange for such Global Security or Securities. If the Securities of any series shall have been issued in the form of one or more Global Securities and if an Event of Default with respect to the Securities of such series shall have occurred and be continuing, the Company will promptly execute, and the Trustee, upon receipt of a Company Order for the authentication and delivery of definitive Securities of such series, will authenticate and deliver Securities of such series in definitive form and in an aggregate principal amount equal to the principal amount of the Global Security or Securities representing such series in exchange for such Global Security or Securities. If specified by the Company pursuant to Section 3.1 with respect to Securities of a series, the U.S. Depositary for such series of Securities may surrender a Global Security for such series of Securities in exchange in whole or in part for Securities of such series in definitive form on such terms as contemplated by Section 3.1.are acceptable to the Company and such depositary. Thereupon, the Company shall execute and the Trustee shall authenticate and deliver, without charge:

Appears in 1 contract

Samples: Indenture (Ingersoll Rand Co)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form, and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or In the case of Securities of any portion of the series, such temporary Securities of a series may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged as provided in or pursuant to a Board Resolution), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount and like tenor of definitive Securities of the same series, series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 1 contract

Samples: Sixth Street Specialty Lending, Inc.

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, execute and upon Company Order the Trustee shall authenticate and deliver, make available for delivery temporary Securities which are of such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable as registered Securities of such series without coupons, of any authorized denomination, and substantially of in the tenor form of the definitive Securities of such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in lieu of which they are issued substantially the same manner, and with such appropriate insertionslike effect, omissions, substitutions and other variations as the officers executing such definitive Securities may determine, as evidenced by their execution of such Securitiesseries. All or any portion Without unreasonable delay the Company shall execute and shall furnish definitive Securities of the such series and thereupon temporary Securities of a such series may be Global Securities. If surrendered in exchange therefor without charge at each office or agency to be maintained by the Company for the purpose pursuant to Section 4.05, and upon delivery to the Trustee of all documents and certificates as required by this Indenture, the Trustee shall authenticate and make available for delivery in exchange for such temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation a like aggregate Principal Amount of definitive Securities of such series, series of authorized denominations. Until so exchanged the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 1 contract

Samples: Best Buy Co Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon on Company Order the Trustee shall authenticate and deliver, temporary Securities of that series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such those Securities may determine, as evidenced by their execution of such those Securities. All Every such temporary Security shall be executed by the Company and shall be authenticated and delivered by the Trustee on the same conditions and in substantially the same manner, and with the same effect, as the definitive Security or any portion Securities in lieu of the temporary Securities of a series may be Global Securitieswhich it is issued. 12 If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such any series, the temporary Securities of such that series shall be exchangeable for those definitive Securities of such series upon on surrender of the temporary Securities of such series at the any office or agency of the Company in a Place of Payment for that seriesdesignated pursuant to Section 10.02, without charge to the Holder. Upon On surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same seriesseries and of like tenor, of any authorized denominations and of a like tenor and aggregate principal amount. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such that series and tenorin whole or in part, except as otherwise specified as contemplated by Section 3.1the unredeemed portion of any Security being redeemed in part.

Appears in 1 contract

Samples: Magnum Hunter Resources Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order from the Company and a Company Order from the Guarantor, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, and having endorsed thereon Guarantees of the Guarantor substantially of the tenor of the definitive Guarantees, with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities and Guarantees may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securitiesand Guarantees. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, of any authorized denominations series and of like tenor and aggregate principal amounttenor, having endorsed thereon Guarantees of the Guarantor, of authorized denominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 1 contract

Samples: Indenture (Xtra Missouri Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliverdeliver or make available for delivery, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver or make available for delivery in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Eg&g Inc

Temporary Securities. Pending the preparation of definitive Definitive Securities of any series, the Company may execute, and upon receipt of the documents required by Section 3.03, together with a Company Order Order, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities of like series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place maintained pursuant to Section 10.02 for the purpose of Payment for that exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Indenture (CenterState Bank Corp)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive make available for delivery temporary Securities of such series (printed, lithographed, typewritten or otherwise reproduced, in each case in form satisfactory to the same seriesTrustee). Temporary Securities shall be issuable as registered Securities of such series without coupons, of any authorized denominations denomination, and substantially in the form of the definitive Securities of such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Security 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 tenor effect, as the definitive Securities of such series. Without unreasonable delay, the Company shall execute and furnish definitive Securities of such series for any temporary Securities of such series and thereupon such temporary Securities may be surrendered in exchange therefor without charge at each office or agency to be maintained by the Company for the purpose pursuant to Section 4.02, and upon delivery to the Trustee of all documents and certificates as required by this Indenture, the Trustee shall authenticate and make available for delivery in exchange for such temporary Securities a like aggregate principal amountamount of definitive Securities of such series of authorized denominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 1 contract

Samples: Indenture (Warner Chilcott LTD)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Issuers may execute, and upon Company Issuer Order and, if any Guarantees by a Guarantor are so to be endorsed on such Securities, a Guarantor Order of such Guarantor, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any 22 authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities or Guarantees, respectively, may determine, as evidenced by their execution of such Securities. All Securities or any portion of the temporary Securities of a series may be Global SecuritiesGuarantees, respectively. If temporary Securities of any series are issued, the Company Issuers will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Issuers in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Western Gas Partners LP

Temporary Securities. Pending the preparation of definitive -------------------- Securities of any series, the Company Issuer may execute, execute and upon Company Order the Trustee shall authenticate and deliver, deliver temporary Securities which are of such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable as registered Securities of such series without coupons, of any authorized denomination, and substantially of in the tenor form of the definitive Securities in lieu of which they are issued and such series but with such appropriate insertions, omissions, substitutions insertions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the be appropriate for temporary Securities of a such series, all as may be determined by the Issuer with the concurrence of the Trustee. Temporary Securities of such series may contain such reference to any provisions of this Indenture as may be Global Securitiesappropriate. If Every temporary Securities Security of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged executed by the Issuer and be authenticated by the Trustee upon the same conditions and in accordance substantially the same manner, and with like effect, as the provisions thereof, after the preparation of definitive Securities of such series, . Without unreasonable delay the Issuer shall execute and shall furnish definitive Securities of any series and thereupon temporary Securities of such series shall may be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series surrendered in exchange therefor without charge at the each office or agency of to be maintained by the Company in a Place of Payment Issuer for that seriesthe purpose pursuant to Section 3.2 hereof, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more for such temporary Securities of any series a like aggregate principal amount of definitive Securities of the same series, such series of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 1 contract

Samples: Amerenenergy Generating Co

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities Securities, which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securitiesfollowing paragraphs). If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 10.2 in a Place of Payment for that series for the purpose of exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except . All outstanding temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as otherwise specified as contemplated by Section 3.1definitive Securities of the same series and of like tenor authenticated and delivered hereunder.

Appears in 1 contract

Samples: Patterson Energy Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesseries and Guarantees, the Company may executeexecute and deliver to the Trustee, and and, upon Company Order Order, the Trustee shall authenticate and deliverdeliver in the manner provided in Section 3.03, temporary Securities with the Guarantees endorsed thereon which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities and Guarantees 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 Securities may determine, as evidenced by their execution of such Securities. All or any portion of the Such temporary Securities of a series may be Global Securitiesin global form. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of 20 such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, of any authorized denominations series and of like tenor of authorized denomination containing terms and aggregate principal amountprovisions that are identical to those of any temporary Securities. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1the same series.

Appears in 1 contract

Samples: Fedex Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and issued, with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the ; provided, however, that temporary Securities of a series may be Global Securities. If temporary Securities of any series are issuedneed not recite specific redemption, the Company will cause definitive Securities of that series to be prepared without unreasonable delaysinking fund, conversion or exchange provisions. Except in the case of temporary Securities that are Global Securitiesin global form, each of which shall be exchanged in accordance with the provisions thereof, after if temporary Securities of any series are issued, the Company shall cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company maintained pursuant to Section 602 in a Place of Payment for that such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until Unless otherwise specified as contemplated by Section 301 with respect to a temporary Security in global form, until so exchangedexchanged in full as hereinabove provided, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series and tenor, except as otherwise specified as contemplated by Section 3.1of like tenor authenticated and delivered hereunder.

Appears in 1 contract

Samples: Atmos Energy Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Issuers may execute, and upon Company Issuer Order and, if any Guarantees by a Guarantor are so to be endorsed on such Securities, a Guarantor Order of such Guarantor, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities or Guarantees, respectively, may determine, as evidenced by their execution of such Securities. All Securities or any portion of the temporary Securities of a series may be Global SecuritiesGuarantees, respectively. If temporary Securities of any series are issued, the Company Issuers will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Issuers in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more 21 temporary Securities of any series, the Company Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Indenture (Western Gas Partners LP)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Group may execute, and upon Company Group Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Group will cause definitive Securities of that such series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such seriesSecurities, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment Group designated for that series, purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any seriesSecurities, the Company Group shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and denominations, of like tenor and aggregate principal amount, having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 1 contract

Samples: Subordinated Indenture (Delphi Financial Group Inc/De)

Temporary Securities. Pending the preparation of definitive Definitive Securities of any series, the Company Partnership may execute, and upon Company Order receipt of the documents required by Section 303, together with a Partnership Order, the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Partnership will cause definitive Definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place Partnership maintained pursuant to Section 1002 for the purpose of Payment for that exchanges of Securities of such series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company Partnership shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Indenture (Kinder Morgan Bulk Terminals Inc)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or In the case of Securities of any portion of the series, such temporary Securities of a series may be Global Securitiesin global form. If Except in the case of temporary Securities in global form (which shall be exchanged in accordance with Section 201), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series series, upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series and tenor of any authorized denominations and of like tenor and aggregate principal amountdenominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 1 contract

Samples: Indenture (Eaton Corp PLC)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as conclusively the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. All or any portion Such temporary Securities may be in global form. Except in the case of temporary Securities in global form (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If following paragraphs), if temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Corporation in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of the same series, series of authorized denominations. Until so exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series. If temporary Securities of any series are issued in global form, any such temporary global Security shall, unless otherwise provided therein, be delivered to the London, England office of a depositary or common depositary (the “Common Depositary”) or the Depositary, as applicable, for the benefit of Euroclear and Clearstream, for credit to the respective accounts of the beneficial owners of such Securities (or to such other accounts as they may direct). Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Security (the “Exchange Date”), the Corporation shall deliver to the Trustee definitive Securities, in aggregate principal amount equal to the principal amount of such temporary global Security, executed by the Corporation. On or after the Exchange Date such temporary global Security shall be surrendered by the Common Depositary to the Trustee, as the Corporation’s agent for such purpose, to be exchanged, in whole or from time to time in part, for definitive Securities without charge and the Trustee shall authenticate and deliver, in exchange for each portion of such temporary global Security, an equal aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor as the portion of such temporary global Security to be exchanged. The definitive Securities to be delivered in exchange for any such temporary global Security shall be in registered form or permanent global registered form, or any combination thereof, as specified as contemplated by Section 3.01, and, if any combination thereof is so specified, as requested by the beneficial owner thereof; provided, however, that, unless otherwise specified in such temporary global Security, upon such presentation by the Common Depositary, such temporary global Security is accompanied by a certificate dated the Exchange Date or a subsequent date and aggregate principal amountsigned by Euroclear as to the portion of such temporary global Security held for its account then to be exchanged and a certificate dated the Exchange Date or a subsequent date and signed by Clearstream as to the portion of such temporary global Security held for its account then to be exchanged, each in the form set forth in Exhibit A-2 to this Indenture (or in such other form as may be established pursuant to Section 3.01). Unless otherwise specified in such temporary global Security, the interest of a beneficial owner of Securities of a series in a temporary global Security shall be exchanged for definitive Securities of the same series and of like tenor following the Exchange Date when the account holder instructs Euroclear or Clearstream, as the case may be, to request such exchange on his behalf and delivers to Euroclear or Clearstream, as the case may be, a certificate in the form set forth in Exhibit A-1 to this Indenture (or in such other form as may be established pursuant to Section 3.01), dated no earlier than 15 days prior to the Exchange Date, copies of which certificate shall be available from the offices of Euroclear and Clearstream, the Trustee, any Authenticating Agent appointed for such series of Securities and each Paying Agent. Unless otherwise specified in such temporary global Security, any such exchange shall be made free of charge to the beneficial owners of such temporary global Security, except that a Person receiving definitive Securities must bear the cost of insurance, postage, transportation and the like in the event that such Person does not take delivery of such definitive Securities in person at the offices of Euroclear or Clearstream. Until so exchangedexchanged in full as hereinabove provided, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series and tenorof like tenor authenticated and delivered hereunder, except as that, unless otherwise specified as contemplated by Section 3.13.01, interest payable on a temporary global Security on an Interest Payment Date for Securities of such series occurring prior to the applicable Exchange Date shall be payable to Euroclear and Clearstream on such Interest Payment Date upon delivery by Euroclear and Clearstream to the Trustee of a certificate or certificates in the form set forth in Exhibit A-2 to this Indenture (or in such other form as may be established pursuant to Section 3.01), for credit without further interest thereon on or after such Interest Payment Date to the respective accounts of the Persons who are the beneficial owners of such temporary global Security on such Interest Payment Date and who have each delivered to Euroclear or Clearstream, as the case may be, a certificate dated no earlier than 15 days prior to the Interest Payment Date occurring prior to such Exchange Date in the form set forth in Exhibit A-1 to this Indenture (or in such other form as may be established pursuant to Section 3.01). Notwithstanding anything to the contrary herein contained, the certifications made pursuant to this paragraph shall satisfy the certification requirements of the preceding two paragraphs of this Section and of the third paragraph of Section 3.03 of this Indenture and the interests of the Persons who are the beneficial owners of the temporary global Security with respect to which such certification was made will be exchanged for definitive Securities of the same series and of like principal amount and tenor and evidencing the same indebtedness on the Exchange Date or the date of certification if such date occurs after the Exchange Date, without further act or deed by such beneficial owners. Except as otherwise provided in this paragraph, no payments of principal (or premium, if any) or interest, if any, owing with respect to a beneficial interest in a temporary global Security will be made unless and until such interest in such temporary global Security shall have been exchanged for an interest in a definitive Security. Any interest so received by Euroclear and Clearstream and not paid as herein provided shall be returned to the Trustee immediately prior to the expiration of two years after such Interest Payment Date in order to be repaid to the Corporation in accordance with Section 10.03.

Appears in 1 contract

Samples: Ovintiv Inc.

Temporary Securities. Pending Until definitive Securities of any series are ready for delivery, the preparation Company may prepare, and upon receipt of a written request from the Company, the Trustee shall authenticate temporary Securities of such series, having the Guarantee of the Guarantor endorsed thereon. Temporary Securities of any series shall be substantially in the form of definitive Securities of any such series, the Company but may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate have insertions, omissionssubstitutions, substitutions omissions and other variations as determined to be appropriate by the officers Officers of the Company and the Guarantor executing such the temporary Securities may determineor the Guarantee endorsed thereon, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securitiesor Guarantee, as applicable. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series such series, having the Guarantee of the Guarantor endorsed thereon to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such any series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series and tenor upon surrender of the such temporary Securities of such series at the office or agency of the Company in a Place of Payment designated for that seriessuch purpose pursuant to Section 4.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute execute, and upon receipt of a written request from the Company, the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of the same series, of any authorized denominations such series and of like tenor and aggregate principal amountauthorized denominations, having a Guarantee executed by the Guarantor endorsed thereon. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1series.

Appears in 1 contract

Samples: Alcon Inc

Temporary Securities. Pending the preparation of definitive Securities of any seriesseries and the Guarantees, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and deliver, temporary Securities with the Guarantees endorsed thereon which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion of the temporary Securities of a series may be Global Securities. If temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company Corporation in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Indenture (Amerant Bancorp Inc.)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon on Company Order the Trustee shall authenticate and deliver, temporary Securities of that series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such those Securities may determine, as evidenced by their execution of such those Securities. All Every such temporary Security shall be executed by the Company and shall be authenticated and delivered by the Trustee on the same conditions and in substantially the same manner, and with the same effect, as the definitive Security or any portion Securities in lieu of the temporary Securities of a series may be Global Securitieswhich it is issued. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such any series, the temporary Securities of such that series shall be exchangeable for those definitive Securities of such series upon on surrender of the temporary Securities of such series at the any office or agency of the Company in a Place of Payment for that seriesdesignated pursuant to Section 10.02, without charge to the Holder. Upon On surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same seriesseries and of like tenor, of any authorized denominations and of a like tenor and aggregate principal amount. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such that series and tenorin whole or in part, except as otherwise specified as contemplated by Section 3.1the unredeemed portion of any Security being redeemed in part.

Appears in 1 contract

Samples: Pentegra Dental Group Inc

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company NiSource Finance may execute, and upon Company an Order of NiSource Finance the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form or, if authorized, in bearer form with one or more coupons or without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All Securities (but which do not affect the rights or any portion duties of the Trustee). In the case of Bearer Securities of any series, such temporary Securities of a series may be Global Securitiesin global form, representing all of the outstanding Bearer Securities of such series. If Except in the case of temporary Securities in global form, which shall be exchanged in accordance with the provisions thereof, if temporary Securities of any series are issued, the Company NiSource Finance will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company NiSource Finance in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any seriesseries (accompanied by any unmatured coupons appertaining thereto), the Company NiSource Finance shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.(at an office

Appears in 1 contract

Samples: Nisource Finance Corp

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. All or any portion Every temporary Security shall be executed by the Company and authenticated by the Trustee and registered by the Security Registrar, upon the same conditions, and with like effect, as a definitive Security. Except in the case of Securities represented by a temporary Global Security (which shall be exchanged in accordance with the provisions of the temporary Securities of a series may be Global Securities. If three succeeding paragraphs), if temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series (accompanied by any unmatured coupons appertaining thereto) at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, series the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of a like tenor and aggregate principal amountamount and tenor, except that no definitive Bearer Security shall be delivered in exchange for a temporary Registered Security. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as . Unless otherwise specified as contemplated by Section 3.1.301, if Bearer Securities of any series are represented by a temporary Global Security, any such temporary Global Security shall be delivered to the Depositary for the benefit of Euro-clear and Cedel S.A., for credit to the respective accounts of the beneficial owners of such Securities (or to such other accounts as they may direct). Without unnecessary delay but in any event not later than the date specified in or determined pursuant to the terms of any such temporary Global Security (the "Exchange Date"), the Company shall deliver to the Trustee permanent Securities of the same series, in aggregate principal amount equal to the principal amount of such temporary Global Security, executed by the Company. On or after the Exchange Date, such temporary Global Security shall be surrendered by the Depositary to the Trustee, as the Company's agent for such purpose, to be exchanged, in whole or from time to time in part, for permanent Securities of the same series and of like tenor without charge and the Trustee shall authenticate and deliver, in exchange for each portion of such temporary Global Security, an equal aggregate principal amount of definitive Securities of the same series of authorized denominations and of like tenor as the portion of such temporary Global Security to be exchanged. The permanent Securities to be delivered in exchange for any such temporary Global Security shall be in definitive bearer form or registered from, or shall be represented by a permanent Global Security, or any combination thereof, as specified as contemplated by Section 301, and, if any combination thereof is so specified, as requested by the beneficial owner thereof. Unless otherwise specified in any such temporary Global Security, the interest of a beneficial owner of Securities of a series represented by such temporary Global Security shall be exchanged for permanent Securities of the same series and of like tenor following the Exchange

Appears in 1 contract

Samples: Indenture (Times Mirror Co /New/)

Temporary Securities. Pending the preparation of definitive Securities of any series, the Company may execute and the Guarantor may execute, as applicable, the Guarantee pursuant to Article Fourteen or the Guarantee endorsed on, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities or Guarantees or notations of the Guarantee pursuant to Article Fourteen as applicable, may determine, as evidenced by their execution of such Securities. All Securities or any portion of Guarantees or notations, as the temporary Securities of a series case may be Global Securitiesbe. If temporary Securities of any series are issued, the Company will cause definitive Securities of that series to be prepared without unreasonable delay. Except in the case of temporary Securities that are Global Securities, each of which shall be exchanged in accordance with the provisions thereof, after After the preparation of definitive Securities of such series, the temporary Securities of such series shall be exchangeable for definitive Securities of such series upon surrender of the temporary Securities of such series at the office or agency of the Company in a Place of Payment for that series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities of any series, the Company shall execute execute, and the Guarantor shall execute, as applicable, the Guarantee pursuant to Article Fourteen or the Guarantee endorsed on, and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series and tenor, except as otherwise specified as contemplated by Section 3.1.

Appears in 1 contract

Samples: Corning Inc /Ny

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