Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than pursuant to Section 14.12), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversion. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 2 contracts
Sources: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemptionat maturity, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled)upon a Fundamental Change, registration of transfer or exchange or conversion (for subject to the avoidance provisions of doubt, other than pursuant to Section 14.1214.02(j)), if surrendered to any Person other than the Trustee (including Company or any of the Company’s agents, Subsidiaries agents that the Company controls or Affiliates)its Subsidiaries, to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their paymentpayment at maturity, redemption, repurchaserepurchase upon a Fundamental Change, registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Except for Notes surrendered for transfer or exchange, no Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence a certificate of such disposition to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 2 contracts
Sources: Indenture (TripAdvisor, Inc.), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of paymentpayment at maturity, repurchase upon a Fundamental Change or the Specified Repurchase, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than any Notes exchanged pursuant to Section 14.1214.13), if surrendered to any Person other than the Trustee (including Company or any of the Company’s agents, Subsidiaries agents or Affiliates)Subsidiaries, to be delivered surrendered to the Trustee for cancellation, and such Notes shall they will no longer be considered outstanding for purposes of “outstanding” under this Indenture upon their paymentpayment at maturity, repurchase upon a Fundamental Change or the Specified Repurchase, redemption, repurchase, registration of transfer or exchange or conversion, as the case may be. All Notes delivered to the Trustee shall shall, upon receipt of a written request in a Company Order, be canceled promptly by it in accordance with its customary procedures. No Notes shall be authenticated in exchange Except for any Notes cancelledsurrendered for registration of transfer or exchange, except or as otherwise expressly permitted by any of the provisions of this Indenture, no Notes shall be authenticated in exchange for any Notes surrendered to the Trustee for cancellation. The Trustee shall dispose of canceled cancel Notes in accordance with its customary procedures and, after such dispositioncancellation, shall deliver evidence of such disposition cancellation to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 2 contracts
Sources: Indenture (Bitdeer Technologies Group), Indenture (Bitdeer Technologies Group)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than pursuant to Section 14.12)conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversion. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company Company, the Guarantors or any of the Company’s or the Guarantors’ Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 2 contracts
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemptionRedemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than pursuant to Section 14.12)conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemptionRedemption, repurchase, registration of transfer or exchange or conversion. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company Company, the Guarantors or any of the Company’s or the Guarantors’ Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Sources: Indenture (Carnival PLC)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemptionat maturity, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled)upon a Fundamental Change, Redemption, registration of transfer or exchange or conversion (for subject to the avoidance provisions of doubt, other than pursuant to Section 14.1214.02(j)), if surrendered to any Person other than the Trustee (including Company or any of the Company’s agents, Subsidiaries agents that the Company controls or Affiliates)its Subsidiaries, to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their paymentpayment at maturity, redemptionrepurchase upon a Fundamental Change, repurchaseRedemption, registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Except for Notes surrendered for transfer or exchange, no Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence a certificate of such disposition to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, repurchase, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for subject to the avoidance provisions of doubt, other than pursuant to Section 14.1214.13), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered surrendered to the Trustee for cancellationcancellation in accordance with customary procedures, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their surrender for payment, repurchase, redemption, repurchase, registration of transfer or exchange or conversionconversion (subject to the provisions in Section 14.13). All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary proceduresit. No Notes shall be authenticated in exchange Except for any Notes cancelledsurrendered for registration of transfer or exchange, except or as otherwise expressly permitted by any of the provisions of this Indenture, no Notes shall be authenticated in exchange for any Notes surrendered to the Trustee for cancellation. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence a certificate of such disposition to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase redemption, repurchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Cancellation of Notes Paid, Converted, Etc. (a) Section 2.08 of the Base Indenture shall, with respect to the Notes, be superseded in its entirety by Section 2.07(b), and any reference in the Base Indenture to such Section 2.08 shall, with respect to the Notes, be deemed to refer instead to Section 2.07(b).
(b) The Company shall cause all Notes surrendered for the purpose of paymentpayment at maturity, repurchase upon a Fundamental Change, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than pursuant to Section 14.12), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversion, if surrendered to the Company or any of the Company’s agents or Subsidiaries, to be surrendered to the Trustee for cancellation, and they will no longer be considered “outstanding” under the Indenture upon their payment at maturity, repurchase upon a Fundamental Change, redemption, registration of transfer or exchange or conversion, as the case may be. All Notes delivered to the Trustee shall shall, upon receipt of a written request in a Company Order, be canceled promptly by it in accordance with its customary procedures. No Except for any Notes surrendered for registration of transfer or exchange, or as otherwise expressly permitted by any of the provisions of the Indenture, no Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of surrendered to the provisions of this IndentureTrustee for cancellation. The Trustee shall dispose of canceled cancel Notes in accordance with its customary procedures and, after such dispositioncancellation, shall deliver evidence of such disposition cancellation to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Sources: First Supplemental Indenture (Bitdeer Technologies Group)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of paymentpayment at maturity, redemptionRedemption pursuant to Article 16, repurchase (but excluding Notes repurchased upon a Fundamental Change pursuant to cash-settled swaps or other derivatives that are not physically settled)Article 15, registration of transfer or exchange exchange, or conversion (for subject to the avoidance provisions of doubt, other than pursuant to Section 14.1214.02(j)), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries agents or AffiliatesSubsidiaries), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their paymentpayment at maturity, redemptionRedemption, repurchaserepurchase upon a Fundamental Change, registration of transfer or exchange exchange, or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee for cancellation shall be canceled cancelled promptly by it in accordance with its customary proceduresit. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Orderprocedures. If the Company or any of the Company’s its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Sources: Indenture (Uniti Group Inc.)
Cancellation of Notes Paid, Converted, Etc. The Parent and the Company shall cause all Notes surrendered for the purpose of payment, repurchase, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than pursuant to Section 14.12)exchange, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered surrendered to the Trustee for cancellation, and such Notes shall no longer ; provided that any notes acquired by the Parent in exchange for Common Stock pursuant to Article XIV may be considered outstanding transferred by the Parent to the Company for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversioncancellation. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No it, and no Notes shall be authenticated in exchange for any Notes cancelled, therefor except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence a certificate of such disposition to the Company, at the Company’s written request in a Company Order. If the Parent or the Company or any of the Company’s Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase repurchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation. The Company may not issue new Notes to replace Notes that they have been exchanged for Common Stock and, if applicable, cash in lieu of fractional shares, redeemed pursuant to Article XVI or purchased by Parent, the Company or any of its Subsidiaries.
Appears in 1 contract
Sources: Indenture (CompoSecure, Inc.)
Cancellation of Notes Paid, Converted, Etc. of the Base Indenture shall not apply to the Notes. Instead, the provisions of this Section 2.08 shall, with respect to the Notes, supersede in its entirety Section 3.10 of the Base Indenture and all references in the Base Indenture to Section 3.10 thereof shall be deemed, for the purposes of the Notes, to be references to this Section 2.08. The Company shall cause all Notes surrendered for the purpose of payment, repurchase, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than pursuant to Section 14.12)conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or controlled Affiliates), to be delivered surrendered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversion. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No it, and no Notes shall be authenticated in exchange for any Notes cancelled, thereof except as expressly permitted by any of the provisions of this the Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order, shall deliver a certificate of such disposition to the Company. If the Company or any of the Company’s its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase redemption, repurchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation. Any Notes surrendered for cancellation shall not be reissued or resold and shall be promptly cancelled.
Appears in 1 contract
Sources: First Supplemental Indenture (BlackRock Capital Investment Corp)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled)repurchase, registration of transfer or exchange or conversion (for the avoidance of doubt, other than pursuant to Section 14.12)Article 9 or exchanged pursuant to the Exchange Agreement to be cancelled and, if surrendered to any Person other than the Trustee Company (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered surrendered to the Trustee Company for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversion. All Notes delivered to the Trustee Company shall be canceled promptly by it in accordance with its customary procedures. No it, and no Notes shall be authenticated issued in exchange for any Notes cancelled, therefor except as expressly permitted by any of the provisions of this IndentureAgreement. The Trustee shall dispose Notes so acquired, while held by or on behalf of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s Subsidiaries shall acquire any of the Notesits Subsidiaries, such acquisition shall not operate as a purchase entitle the Holder thereof to convert the Notes or satisfaction of exchange the indebtedness represented by such Notes unless and until pursuant to the same are Exchange Agreement. The Company may not issue new Notes to replace Notes it has paid in full or that have been delivered to the Trustee Company for cancellationcancellation or conversion or exchange pursuant to the Exchange Agreement. The Note Registrar shall retain copies of all letters, notices and other written communications received pursuant to this Section 3.06. If the Company is not acting as Note Registrar, the Company shall have the right to inspect and make copies of all such letters, notices or other written communications at any reasonable time upon the giving of reasonable written notice to the Note Registrar.
Appears in 1 contract
Sources: Convertible Senior Note Purchase Agreement (Seacor Holdings Inc /New/)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settledderivatives), registration of transfer or exchange or conversion (for subject to the avoidance provisions of doubt, other than pursuant to Section 14.1214.02(j)), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Sources: Indenture (Conmed Corp)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for subject to the avoidance provisions of doubt, other than pursuant to Section 14.1214.02(j)), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee for cancellation shall be canceled cancelled promptly by it in accordance with its customary proceduresit. No Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled cancelled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s its Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Sources: Indenture (United States Steel Corp)
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, redemptionpayment at maturity, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled)upon a Fundamental Change, Redemption, registration of transfer or exchange or conversion (for subject to the avoidance provisions of doubt, other than pursuant to Section 14.1214.02(j)), if surrendered to any Person other than the Trustee (including Company or any of the Company’s agents, Subsidiaries agents that the Company controls or Affiliates)its Subsidiaries, to be delivered to the Trustee for cancellation, cancellation and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their paymentpayment at maturity, redemptionrepurchase upon a Fundamental Change, repurchaseRedemption, registration of transfer or exchange or conversionconversion (subject to the provisions of Section 14.02(j)). All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. No Except for Notes surrendered for transfer or exchange, no Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Sources: Indenture (EQT Corp)
Cancellation of Notes Paid, Converted, Etc. (a) Section 2.08 of the Base Indenture shall, with respect to the Notes, be superseded in its entirety by Section 2.07(b), and any reference in the Base Indenture to such Section 2.08 shall, with respect to the Notes, be deemed to refer instead to Section 2.07(b).
(b) The Company shall cause all Notes surrendered for the purpose of paymentpayment at maturity, repurchase on the Put Date, repurchase upon a Fundamental Change, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than pursuant to Section 14.12), if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation, and such Notes shall no longer be considered outstanding for purposes of this Indenture upon their payment, redemption, repurchase, registration of transfer or exchange or conversion, if surrendered to the Company or any of the Company’s agents or Subsidiaries, to be surrendered to the Trustee for cancellation. All Notes delivered to the Trustee shall shall, upon receipt of a written request in a Company Order, be canceled promptly by it in accordance with its customary procedures. No Except for any Notes surrendered for registration of transfer or exchange, or as otherwise expressly permitted by any of the provisions of the Indenture, no Notes shall be authenticated in exchange for any Notes cancelled, except as expressly permitted by any of surrendered to the provisions of this IndentureTrustee for cancellation. The Trustee shall dispose of canceled cancel Notes in accordance with its customary procedures and, after such dispositioncancellation, shall deliver evidence of such disposition cancellation to the Company, at the Company’s written request in a Company Order. If the Company or any of the Company’s Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.
Appears in 1 contract
Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of paymentpayment at maturity, repurchase upon a Fundamental Change, redemption, repurchase (but excluding Notes repurchased pursuant to cash-settled swaps or other derivatives that are not physically settled), registration of transfer or exchange or conversion (for the avoidance of doubt, other than any Notes exchanged pursuant to Section 14.12), if surrendered to any Person other than the Trustee (including Company or any of the Company’s its agents, Subsidiaries or Affiliates), in each case, that the Company controls, to be delivered surrendered to the Trustee for cancellation, cancellation and such Notes shall no longer be considered outstanding for purposes of under this Indenture upon their paymentthe payment at maturity, repurchase upon a Fundamental Change, redemption, repurchase, registration of transfer or exchange or conversionconversion (other than any Notes exchanged pursuant to Section 14.12). All Notes delivered to the Trustee shall be canceled promptly by it it, in accordance with its customary procedures. No Except for Notes surrendered for registration of transfer or exchange, no Notes shall be authenticated in exchange for any Notes cancelled, therefor except as expressly permitted by any of the provisions of this Indenture. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at Company upon the Company’s written request in a Company Order. If the Company or any of the Company’s Subsidiaries shall acquire any of the Notes, such acquisition shall not operate as a purchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellationrequest.
Appears in 1 contract
Sources: Indenture (TheRealReal, Inc.)