Cancellation Destruction and Records. (a) All Notes which are paid or redeemed (together with such unmatured Coupons as are attached thereto or are surrendered therewith at the time of such redemption) and all Coupons which are paid or have become void shall be cancelled forthwith by perforation by the Paying Agent by or through which they are redeemed, paid or received. Such Paying Agent shall give all relevant details to the Fiscal Agent and forthwith cancel the Notes and Coupons (if such Paying Agent is other than the Fiscal Agent). (b) The Fiscal Agent or the relevant Paying Agent shall forthwith destroy all cancelled Notes and Coupons on behalf of the Company upon receipt thereof (whether directly or from any other Paying Agent). (c) The Fiscal Agent shall as soon as practicable and in any event within three months after the date of any such redemption or payment furnish to the Company a certificate stating (i) the aggregate principal amount of Notes which have been paid or redeemed and cancelled and the aggregate amount paid in respect of Coupons which have been paid and cancelled, (ii) the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and (iv) that all such cancelled Notes and Coupons have been destroyed. (d) The Fiscal Agent shall keep a full and complete record of all Notes and Coupons and of their validation, redemption, purchase, cancellation or payment (as the case may be) and of all replacement Notes and Coupons issued in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and shall make such record available at all reasonable times to the Company.
Appears in 3 contracts
Sources: Fiscal Agency Agreement (PROCTER & GAMBLE Co), Fiscal Agency Agreement (PROCTER & GAMBLE Co), Fiscal Agency Agreement (PROCTER & GAMBLE Co)
Cancellation Destruction and Records. (a) All Notes which that are paid or redeemed (together with such unmatured Coupons as are attached thereto or are surrendered therewith at the time of such redemption) and all Coupons which that are paid or have become void shall be cancelled forthwith by perforation by the Paying Agent by or through which they are redeemed, paid or received. Such Paying Agent shall give all relevant details to the Fiscal Agent and forthwith cancel the Notes and Coupons (if such Paying Agent is other than the Fiscal Agent).
(b) The Fiscal Agent or the relevant Paying Agent shall forthwith destroy all cancelled Notes and Coupons on behalf of the Company upon receipt thereof (whether directly or from any other Paying Agent).
(c) The Fiscal Agent shall as soon as practicable and in any event within three months after the date of any such redemption or payment furnish to the Company a certificate stating (i) the aggregate principal amount of Notes which have been paid or redeemed and cancelled and the aggregate amount paid in respect of Coupons which have been paid and cancelled, (ii) the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and (iv) that all such cancelled Notes and Coupons have been destroyed.
(d) The Fiscal Agent shall keep a full and complete record of all Notes and Coupons and of their validation, redemption, purchase, cancellation or payment (as the case may be) and of all replacement Notes and Coupons issued in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and shall make such record available at all reasonable times to the Company.
Appears in 1 contract
Cancellation Destruction and Records. (a) All Notes which are paid or redeemed (together with such unmatured Coupons as are attached thereto or are surrendered therewith at the time of such redemption) and all Coupons which are paid or have become void shall be cancelled forthwith by perforation by the Paying Agent by or through which they are redeemed, paid or received. Such Paying Agent shall give all relevant details to the Fiscal Agent and forthwith cancel the Notes and Coupons (if such Paying Agent is other than the Fiscal Agent).
(b) The Fiscal Agent or the relevant Paying Agent shall forthwith destroy all cancelled Notes and Coupons on behalf of the Company upon receipt thereof (whether directly or from any other Paying Agent).
(c) The Fiscal Agent shall as soon as practicable and in any event within three months after the date of any such redemption or payment furnish to the Company a certificate stating (i) the aggregate principal amount of Notes which have been paid or redeemed and cancelled and the aggregate amount paid in respect of Coupons which have been paid and cancelled, (ii) the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and (iv) that all such cancelled Notes and Coupons have been destroyed.
(d) The Fiscal Agent shall keep a full and complete record of all Notes and Coupons and of their validation, redemption, purchase, cancellation or payment (as the case may be) and of all replacement Notes and Coupons issued in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and shall make such record available at all reasonable times to the Company.
Appears in 1 contract
Sources: Fiscal Agency Agreement (Kellogg Co)
Cancellation Destruction and Records. (a) 11.1 All Bearer Notes which are paid or redeemed (together with such unmatured Coupons or unexchanged Talons as are attached thereto to or are surrendered therewith with such Bearer Notes at the time of such redemption) and all Coupons which are paid or and all Talons which have become void been exchanged for Coupons shall be cancelled forthwith by perforation by the Paying Agent by or or, as the case may be, the Fiscal Agent through which they are redeemed, paid or receivedexchanged and, in the case of full payment in respect of an NGN Temporary Global Note or an NGN Permanent Global Note, the Fiscal Agent shall instruct the Common Safekeeper to destroy the relevant Global Note. Such Any Paying Agent shall give all relevant details send to the Fiscal Agent details required by the Fiscal Agent for the purposes of clause 11.6 and forthwith cancel shall send the cancelled Bearer Notes and and/or Coupons (if such Paying Agent is other than and/or Talons to or to the order of the Fiscal Agent). All Registered Notes which are redeemed shall be cancelled by the removal of the relevant Holder’s name from the Register by the Registrar and the cancellation of any corresponding Definitive Registered Notes by the Transfer Agent to which they were surrendered or with which they were deposited. The Transfer Agent shall send to the Fiscal Agent the details required by the Fiscal Agent for the purposes of clause 11.6 and shall send the cancelled Registered Notes to or to the order of the Fiscal Agent.
11.2 If the Issuer purchases any Bearer Note, Coupon or Talon or any Registered Note in accordance with the Conditions, it may procure the cancellation of such Bearer Note, Coupon or Talon by sending it to or to the order of the Fiscal Agent or instruct the Fiscal Agent (bin writing) to cancel a specified aggregate principal amount of Notes represented by an NGN Temporary Global Note or an NGN Permanent Global Note (which instructions shall be accompanied by evidence satisfactory to the Fiscal Agent that the Issuer is entitled to give such instructions) (in the case of any Bearer Note, Coupon or Talon) or to or to the order of the Registrar (in the case of Registered Notes) for cancellation in accordance with the provisions of clause 11.1.
11.3 The Fiscal Agent or the relevant Paying Agent shall forthwith destroy all cancelled Notes and Coupons on behalf shall, upon written request of the Company upon receipt thereof (whether directly or from any other Paying Agent).
(c) The Fiscal Agent shall Issuer, furnish the Issuer as soon as practicable possible and in any event within three one month after the date of any redemption or payment of any Bearer Notes or Coupons or exchange of any Talons and the Registrar shall, upon written request of the Issuer, furnish the Issuer and the Fiscal Agent as soon as possible and in any event within the two months after the date of any such redemption or payment furnish to the Company of any Registered Notes, with a certificate stating (i) the aggregate principal nominal amount of Notes which have been paid or redeemed and cancelled or, as the case may be, purchased and cancelled and the aggregate amount paid in respect of Coupons which have been paid and cancelledcancelled and in respect of interest paid on any Temporary Global Note, any Permanent Global Note and on any Registered Notes, (ii) the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and Coupons, (iv) that all the serial numbers of such Talons (if any), (v) the serial numbers of those Notes (if any) received by it which have been so redeemed and cancelled or, as the case may be, purchased and cancelled, and (vi) the total number and the maturity dates of unmatured Coupons and unexchanged Talons not surrendered with Bearer Notes redeemed or purchased and cancelled, in each case distinguishing between Bearer Notes of different denominations and the Coupons and Talons appertaining thereto.
11.4 Unless otherwise instructed by the Issuer, the Fiscal Agent shall destroy or procure the destruction of the cancelled Notes, Coupons and Talons in its possession and, upon written request of the Issuer, send to the Issuer a certificate giving the serial numbers of the Notes in numerical sequence, the total numbers by maturity date and the aggregate amount paid in respect of such Coupons and particulars of the Coupons attached to or surrendered with any such Bearer Notes and the Series to which they relate, and in the case of Talons, the total number and the serial numbers of the Talons in each case distinguishing between Bearer Notes of different denominations and the Coupons have been destroyedand Talons appertaining thereto.
11.5 In the case of Notes in NGN form the Fiscal Agent may instruct the Common Safekeeper to destroy each NGN Temporary Global Note and NGN Permanent Global Note in which case, upon receipt of confirmation of destruction from the Common Safekeeper, the Fiscal Agent shall furnish the Issuer with a copy of such confirmation (d) provided that, if the Fiscal Agent is the Common Safekeeper, the Fiscal Agent shall destroy each NGN Temporary Global Note and NGN Permanent Global Note and furnish the Issuer with confirmation of such destruction), and where the Fiscal Agent has delivered any authenticated Global Note to a Common Safekeeper for effectuation using electronic means, it is authorised and instructed to destroy the authenticated Global Note retained by it following its receipt of confirmation from the Common Safekeeper that the relevant Global Note has been effectuated.
11.6 The Fiscal Agent shall keep a full and complete record of all Notes and Coupons and of their validationthe payment, redemption, purchasereplacement, cancellation or payment (and destruction of all Notes or, as the case may be) and of all replacement Notes and Coupons issued in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and Talons (but need not record the serial numbers of Coupons and Talons nor keep the Register of Registered Notes). It shall make such record available at all reasonable times during usual business hours to the CompanyIssuer.
11.7 The Fiscal Agent is authorised by the Issuer and instructed to (i) in the case of any Bearer Global Note in CGN form, to endorse or to arrange for the endorsement of the relevant Bearer Global Note to reflect the reduction in the nominal amount represented by it by the amount so redeemed or purchased and cancelled and (ii) in the case of any Bearer Global Note which is in NGN form and in the case of any Registered Global Note which is held under the NSS, to instruct Euroclear and Clearstream, Luxembourg to make appropriate entries in their records to reflect such redemption or purchase and cancellation, as the case may be; provided, that, in the case of a purchase or cancellation, the Issuer has notified the Fiscal Agent of the same in accordance with clause 11.1.
Appears in 1 contract
Sources: Agency Agreement
Cancellation Destruction and Records. (a) All Notes which are paid or redeemed (together with such unmatured Coupons as are attached thereto or are surrendered therewith at the time of such redemption) and all Coupons which are paid or have become void shall be cancelled forthwith by perforation by the Paying Agent by or through which they are redeemed, paid or received. Such Paying Agent shall give all relevant details to the Fiscal Agent and forthwith cancel forward the cancelled Notes and Coupons (if such Paying Agent is other than to the Fiscal Agent)Trustee.
(b) The Fiscal Agent or the relevant Paying Agent Trustee shall forthwith destroy all cancelled Notes and Coupons on behalf of the Company upon receipt thereof (whether directly or from any other Paying Agent).
(c) The Fiscal Agent Trustee shall as soon as practicable and in any event within three months after the date of any such redemption or payment furnish to the Company a certificate stating (i) the aggregate principal amount of Notes which have been paid or redeemed and cancelled and the aggregate amount paid in respect of Coupons which have been paid and cancelled, (ii) the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and (iv) that all such cancelled Notes and Coupons have been destroyed.
(d) The Fiscal Agent Trustee shall keep a full and complete record of all Notes and Coupons and of their validation, redemption, purchase, cancellation or payment (as the case may be) and of all replacement Notes and Coupons issued in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and shall make such record available at all reasonable times to the Company.
Appears in 1 contract
Sources: Indenture (Kellogg Co)
Cancellation Destruction and Records. (a) 11.1 All Bearer Notes which are paid or redeemed (together with such unmatured Coupons or unexchanged Talons as are attached thereto to or are surrendered therewith with such Bearer Notes at the time of such redemption) and all Coupons which are paid or and all Talons which have become void been exchanged for Coupons shall be cancelled forthwith by perforation by the Paying Agent by or or, as the case may be, the Fiscal Agent through which they are redeemed, paid or receivedexchanged and, in the case of full payment in respect of an NGN Temporary Global Note or an NGN Permanent Global Note, the Fiscal Agent shall instruct the Common Safekeeper to destroy the relevant Global Note. Such Any Paying Agent shall give all relevant details send to the Fiscal Agent details required by the Fiscal Agent for the purposes of clause 11.6 and forthwith cancel shall send the cancelled Bearer Notes and and/or Coupons (if such Paying Agent is other than and/or Talons to or to the order of the Fiscal Agent). All Registered Notes which are redeemed shall be cancelled by the removal of the relevant Holder's name from the Register by the Registrar and the cancellation of any corresponding Definitive Registered Notes by the Transfer Agent to which they were surrendered or with which they were deposited. The Transfer Agent shall send to the Fiscal Agent the details required by the Fiscal Agent for the purposes of clause 11.6 and shall send the cancelled Registered Notes to or to the order of the Fiscal Agent.
11.2 If the Issuer purchases any Bearer Note, Coupon or Talon or any Registered Note in accordance with the Conditions, it may procure the cancellation of such Bearer Note, Coupon or Talon by sending it to or to the order of the Fiscal Agent or instruct the Fiscal Agent (bin writing) to cancel a specified aggregate principal amount of Notes represented by an NGN Temporary Global Note or an NGN Permanent Global Note (which instructions shall be accompanied by evidence satisfactory to the Fiscal Agent that the Issuer is entitled to give such instructions) (in the case of any Bearer Note, Coupon or Talon) or to or to the order of the Registrar (in the case of Registered Notes) for cancellation in accordance with the provisions of clause 11.1.
11.3 The Fiscal Agent or the relevant Paying Agent shall forthwith destroy all cancelled Notes and Coupons on behalf shall, upon written request of the Company upon receipt thereof (whether directly or from any other Paying Agent).
(c) The Fiscal Agent shall Issuer, furnish the Issuer as soon as practicable possible and in any event within three one month after the date of any redemption or payment of any Bearer Notes or Coupons or exchange of any Talons and the Registrar shall, upon written request of the Issuer, furnish the Issuer and the Fiscal Agent as soon as possible and in any event within the two months after the date of any such redemption or payment furnish to the Company of any Registered Notes, with a certificate stating (i) the aggregate principal nominal amount of Notes which have been paid or redeemed and cancelled or, as the case may be, purchased and cancelled and the aggregate amount paid in respect of Coupons which have been paid and cancelledcancelled and in respect of interest paid on any Temporary Global Note, any Permanent Global Note and on any Registered Notes, (ii) the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and Coupons, (iv) that all the serial numbers of such Talons (if any), (v) the serial numbers of those Notes (if any) received by it which have been so redeemed and cancelled or, as the case may be, purchased and cancelled, and (vi) the total number and the maturity dates of unmatured Coupons and unexchanged Talons not surrendered with Bearer Notes redeemed or purchased and cancelled, in each case distinguishing between Bearer Notes of different denominations and the Coupons and Talons appertaining thereto.
11.4 Unless otherwise instructed by the Issuer, the Fiscal Agent shall destroy or procure the destruction of the cancelled Notes, Coupons and Talons in its possession and, upon written request of the Issuer, send to the Issuer a certificate giving the serial numbers of the Notes in numerical sequence, the total numbers by maturity date and the aggregate amount paid in respect of such Coupons and particulars of the Coupons attached to or surrendered with any such Bearer Notes and the Series to which they relate, and in the case of Talons, the total number and the serial numbers of the Talons in each case distinguishing between Bearer Notes of different denominations and the Coupons have been destroyedand Talons appertaining thereto.
11.5 In the case of Notes in NGN form the Fiscal Agent may instruct the Common Safekeeper to destroy each NGN Temporary Global Note and NGN Permanent Global Note in which case, upon receipt of confirmation of destruction from the Common Safekeeper, the Fiscal Agent shall furnish the Issuer with a copy of such confirmation (d) provided that, if the Fiscal Agent is the Common Safekeeper, the Fiscal Agent shall destroy each NGN Temporary Global Note and NGN Permanent Global Note and furnish the Issuer with confirmation of such destruction), and where the Fiscal Agent has delivered any authenticated Global Note to a Common Safekeeper for effectuation using electronic means, it is authorised and instructed to destroy the authenticated Global Note retained by it following its receipt of confirmation from the Common Safekeeper that the relevant Global Note has been effectuated.
11.6 The Fiscal Agent shall keep a full and complete record of all Notes and Coupons and of their validationthe payment, redemption, purchasereplacement, cancellation or payment (and destruction of all Notes or, as the case may be) and of all replacement Notes and Coupons issued in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and Talons (but need not record the serial numbers of Coupons and Talons nor keep the Register of Registered Notes). It shall make such record available at all reasonable times during usual business hours to the CompanyIssuer.
11.7 The Fiscal Agent is authorised by the Issuer and instructed to (i) in the case of any Bearer Global Note in CGN form, to endorse or to arrange for the endorsement of the relevant Bearer Global Note to reflect the reduction in the nominal amount represented by it by the amount so redeemed or purchased and cancelled and (ii) in the case of any Bearer Global Note which is in NGN form and in the case of any Registered Global Note which is held under the NSS, to instruct Euroclear and Clearstream, Luxembourg to make appropriate entries in their records to reflect such redemption or purchase and cancellation, as the case may be; provided, that, in the case of a purchase or cancellation, the Issuer has notified the Fiscal Agent of the same in accordance with clause 11.1.
Appears in 1 contract
Sources: Agency Agreement
Cancellation Destruction and Records. (a) All Notes which are paid or redeemed repaid in full shall be delivered to the Trustee (together with such unmatured Coupons as are attached thereto or are surrendered therewith at if other than the time of such redemptionPaying Agent) and all Coupons which are paid or have become void shall be cancelled canceled forthwith by perforation by the Paying Agent by or through which they are redeemed, paid or receivedTrustee pursuant to the Indenture. Such The Paying Agent shall give all relevant details to the Fiscal Agent and forthwith cancel Issuer. All Notes which are repaid in part shall be delivered to the Notes and Coupons Trustee (if such Paying Agent is other than the Fiscal Paying Agent)) and canceled forthwith by the Trustee pursuant to the Indenture, and the Paying Agent shall, at the written direction of the Issuer, take custody of one or more new Notes evidencing the remaining principal amount of such repaid Notes.
(b) The Fiscal Agent or the relevant Paying Agent shall forthwith destroy all cancelled shall, as soon as possible and in any event within 5 Business Days after the date of any prepayment, furnish to the Issuer a certificate stating (1) the aggregate principal amount plus any accrued interest on the Notes which have been repaid, canceled or destroyed and Coupons on behalf (2) the certificate numbers of the Company upon receipt thereof (whether directly Notes repaid, canceled or from any other Paying Agent)destroyed.
(c) The Fiscal Unless otherwise instructed by the Issuer in writing, the Paying Agent shall as soon as practicable destroy the canceled Notes in its possession and in any event within three months after furnish the date of any such redemption or payment furnish to Issuer with a destruction certificate which shall list the Company a certificate stating (i) the aggregate principal amount number of Notes which have been paid or redeemed and cancelled and the aggregate amount paid in respect of Coupons which have been paid and cancelled, (ii) the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and (iv) that all such cancelled Notes and Coupons have been destroyednumerical sequence.
(d) The Fiscal Paying Agent shall (i) keep a full and complete record of all Notes and Coupons repaid, surrendered, paid, canceled or destroyed or which have become void and of their validation, redemption, purchase, cancellation or payment (as the case may be) and of all any replacement Notes and Coupons issued in substitution for any mutilated, defaced, lost, stolen, mutilated, defaced stolen or apparently destroyed Notes or Coupons and shall (ii) make such record available at all reasonable times to the CompanyIssuer.
Appears in 1 contract
Cancellation Destruction and Records. (a) All Notes which that are paid or redeemed (together with such unmatured Coupons as are attached thereto or are surrendered therewith at the time of such redemption) and all Coupons which that are paid or have become void shall be cancelled forthwith by perforation by the Paying Agent by or through which they are redeemed, paid or received. Such Paying Agent shall give all relevant details to the Fiscal Agent and forthwith cancel the applicable Notes and Coupons (if such Paying Agent is other than the Fiscal Agent).
(b) The Fiscal Agent or the relevant Paying Agent shall forthwith destroy all cancelled Notes and Coupons on behalf of the Company upon receipt thereof (whether directly or from any other Paying Agent).
(c) The Fiscal Agent shall as soon as practicable and in any event within three months after the date of any such redemption or payment furnish to the Company a certificate stating (i) the aggregate principal amount of Notes which have been paid or redeemed and cancelled and the aggregate amount paid in respect of Coupons which have been paid and cancelled, (ii) the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and (iv) that all such cancelled Notes and Coupons have been destroyed.
(d) The Fiscal Agent shall keep a full and complete record of all Notes and Coupons and of their validation, redemption, purchase, cancellation or payment (as the case may be) and of all replacement Notes and Coupons issued in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and shall make such record available at all reasonable times to the Company.
Appears in 1 contract
Cancellation Destruction and Records. (a) All The Fiscal Agent shall:
(i) separately in respect of each Series of Notes, maintain a record of all Global Notes which are paid and Definitive Note Certificates delivered hereunder and of their payment, exchange, cancellation, mutilation, defacement, alleged destruction, theft or redeemed loss or replacement;
(together ii) separately in respect of each Series of Notes, maintain a record of all certifications received by it in accordance with the provisions of any Global Note; and
(iii) make such unmatured Coupons as are attached thereto or are surrendered therewith records available for inspection at the time of such redemption) and all Coupons which are paid or have become void shall be cancelled forthwith by perforation reasonable times by the Issuer and the other Paying Agent by or through which they are redeemed, paid or received. Such Paying Agent shall give all relevant details to the Fiscal Agent and forthwith cancel the Notes and Coupons (if such Paying Agent is other than the Fiscal Agent)Agents.
(b) The Paying Agents shall make available to the Fiscal Agent or such information as may reasonably be required for the relevant Paying Agent shall forthwith destroy all cancelled Notes and Coupons on behalf maintenance of the Company upon receipt thereof records referred to in this Clause 8.1 (whether directly or from any other Paying AgentCancellation, destruction and records).
(c) The Issuer may from time to time deliver to the Fiscal Agent Definitive Note Certificates for cancellation, whereupon the Fiscal Agent shall as soon as practicable and in any event within three months after cancel such Definitive Note Certificates. The Issuer may from time to time procure the date of any such redemption or payment furnish delivery to the Company Fiscal Agent of a certificate stating Global Note with instructions to cancel a specified aggregate principal amount of Notes represented thereby (iwhich instructions shall be accompanied by evidence satisfactory to the Fiscal Agent that the Issuer is entitled to give such instructions) whereupon the Fiscal Agent shall note or procure that there is noted on the Schedule to such Global Note the aggregate principal amount of Notes which have been paid or redeemed and so to be cancelled and the remaining principal amount thereof (which shall be the previous principal amount thereof less the aggregate principal amount paid in respect of Coupons which have been paid the Notes so cancelled) and cancelled, (ii) shall procure the serial numbers signature of such Notes, (iii) the total numbers by maturity date of such Coupons and (iv) that all such cancelled Notes and Coupons have been destroyednotation on its behalf.
(d) The Fiscal Agent may destroy each Global Note and Definitive Note Certificate delivered to or cancelled by it in accordance with sub-clause 8.1(c) (Cancellation, destruction and records), in which case it shall keep as soon as reasonably practicable after such destruction furnish the Issuer, upon written request, with a full certificate as to such destruction distinguishing between the Notes of each Series and complete record specifying the serial numbers of all Notes the Global Note and Coupons and of their validation, redemption, purchase, cancellation or payment (as the case may be) and of all replacement Notes and Coupons issued Definitive Note Certificates in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and shall make such record available at all reasonable times to the Companynumerical sequence so destroyed.
Appears in 1 contract
Sources: Fiscal Agency Agreement
Cancellation Destruction and Records. (a) 8.1 All Notes Bonds which are paid presented or redeemed (together with such unmatured Coupons as are attached thereto surrendered for conversion or are surrendered therewith at the time redemption and in respect of such redemption) and all Coupons which are paid payment has been made or have become void conversion effected shall be cancelled forthwith by perforation by the Paying removal of the relevant Bondholder’s name from the Register by the Registrar and cancellation of the relevant Bonds (or appropriate amendment of the Global Bond if the Bonds are represented thereby) by the Agent by to whom such Bonds were surrendered or through which they are redeemed, paid or receiveddeposited. Such Paying Agent shall promptly give all relevant details to the Fiscal Principal Paying, Transfer and Conversion Agent all details of the cancelled Bonds required by the Principal Paying, Transfer and forthwith cancel Conversion Agent for the Notes purposes of this Clause (unless the Paying, Transfer and Coupons (if such Paying Conversion Agent is other than itself the Fiscal Principal Paying, Transfer and Conversion Agent).
(b) The Fiscal Agent 8.2 If the Issuer or the relevant Paying Agent shall forthwith destroy all cancelled Notes and Coupons on behalf any Subsidiary of the Company upon receipt thereof Issuer purchases any Bonds, the Issuer shall procure that such Bonds are cancelled forthwith and sent (whether directly or from any other Paying if in definitive registered form) to the Principal Paying, Transfer and Conversion Agent).
(c) 8.3 The Fiscal Principal Paying, Transfer and Conversion Agent shall shall, if requested to do so, as soon as practicable possible and in any event within three months one month after the month in which the date of any such redemption or conversion or payment occurred furnish to each of the Company Issuer and the Trustee a certificate stating (i) the aggregate number and aggregate principal amount of Notes Bonds which have been paid redeemed or redeemed and cancelled and the aggregate amount paid in respect of Coupons which have been paid and converted or cancelled, (ii) the aggregate amounts paid in respect of the Bonds redeemed and cancelled and the serial numbers of such Notes, (iii) the total numbers by maturity date of such Coupons and (iv) that all such cancelled Notes and Coupons have been destroyedBonds.
(d) 8.4 Unless otherwise previously instructed by the Issuer, the Agent by or through which Bonds are presented for conversion or redemption and in respect of which payment has been made or conversion effected shall destroy the cancelled Bonds in its possession and furnish each of the Issuer and the Trustee with a destruction certificate which shall list the serial numbers of the Bonds in numerical sequence.
8.5 The Fiscal Principal Paying, Transfer and Conversion Agent shall keep a full and complete record of all Notes Bonds issued, of the redemption or conversion of the Bonds and Coupons the payments made in respect thereof and of their validationthe cancellation, redemptionpayment, purchase, cancellation or payment (as the case may be) surrender for replacement and destruction of all replacement Notes Bonds and Coupons issued in substitution for lost, stolen, mutilated, defaced or apparently destroyed Notes or Coupons and shall make such record records available at all reasonable times to the CompanyIssuer and the Trustee.
Appears in 1 contract
Sources: Paying, Transfer and Conversion Agency Agreement (Harmony Gold Mining Co LTD)