Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 113 contracts
Sources: Junior Subordinated Indenture (American Realty Capital Properties, Inc.), Junior Subordinated Indenture (Validus Holdings LTD), Junior Subordinated Indenture (New York Mortgage Trust Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 113 contracts
Sources: Junior Subordinated Indenture (Renasant Corp), Junior Subordinated Indenture (Renasant Corp), Junior Subordinated Indenture (Paragon Commercial CORP)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 45 contracts
Sources: Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)
Cancellation. All Securities surrendered for payment, redemption, transfer registration of transfer, exchange or exchange credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already canceled, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices standard procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Company upon its written request therefor.
Appears in 42 contracts
Sources: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 31 contracts
Sources: Junior Subordinated Indenture (Jeffbanks Inc), Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Mason Dixon Capital Trust Ii)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee may be destroyed (and, if so destroyed, certification of their destruction shall deliver be delivered to the Company, unless, by a Company a certificate of such dispositionOrder, the Company shall direct that canceled Securities be returned to it).
Appears in 26 contracts
Sources: Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)
Cancellation. All Securities surrendered for payment, conversion, redemption, transfer registration of transfer, exchange or exchange credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already canceled, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices standard procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Company upon its written request therefor.
Appears in 21 contracts
Sources: Indenture (Revlon Inc /De/), Indenture (Revlon Inc /De/), Indenture (Apollo Global Management LLC)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8309, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and procedures, unless the Trustee shall deliver to the is otherwise directed by a Company a certificate of such dispositionOrder.
Appears in 19 contracts
Sources: Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD), Indenture (Noble Corp)
Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices shall be destroyed by it and the Trustee shall deliver to the Company a its certificate of such dispositiondestruction to the Company, unless by a Company Order the Company directs their return to it.
Appears in 18 contracts
Sources: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company Corporation may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company Corporation a certificate of such dispositiondestruction.
Appears in 17 contracts
Sources: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Popular North America Capital Trust I), Junior Subordinated Indenture (Dime Capital Trust Ii)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and procedures, unless the Trustee shall deliver to the is otherwise directed by a Company a certificate of such dispositionOrder.
Appears in 14 contracts
Sources: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or tendered and accepted pursuant to any Change of Control Offer pursuant to Section 10.10 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of cancelled by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 11 contracts
Sources: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or tendered and accepted pursuant to any Change of Control Offer pursuant to Section 10.13 or any Asset Sale Offer pursuant to Section 10.14 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 10 contracts
Sources: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be disposed of as directed by a Company Order; provided that the Trustee shall deliver not be required to the Company a certificate of destroy such dispositionSecurities.
Appears in 10 contracts
Sources: Indenture (Key Energy Group Inc), Indenture (Cooper Cameron Corp), Indenture (Key Energy Services Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8309, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be disposed of as directed by a Company Order, provided that the Trustee shall deliver not be required to the Company a certificate of such dispositiondestroy canceled Securities.
Appears in 10 contracts
Sources: Indenture (Energy East Corp), Indenture (New York State Electric & Gas Corp), Indenture (Public Service Co of Oklahoma)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of returned by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionand destroyed by the Company.
Appears in 9 contracts
Sources: Junior Subordinated Indenture (Mbna Capital V), Senior Indenture (First American Financial Corp), Junior Subordinated Indenture (First Tennessee Capital Iv)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 8 contracts
Sources: Subordinated Indenture (Cottonwood Land Co), Indenture (Peabody Energy Corp), Subordinated Indenture (Peabody Energy Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person person other than the TrusteeTrustee for such Securities, be delivered to the Trustee, such Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company Issuer or the Guarantors may at any time deliver to the such Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Issuer or such Guarantors may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the such Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by such Trustee shall be retained or disposed of by the Trustee in accordance with its such Trustee’s customary practices and the Trustee shall deliver to the Company a certificate of such dispositionpractices.
Appears in 8 contracts
Sources: Indenture (Weatherford International LTD), Indenture (Trane Technologies Financing LTD), Indenture (Trane Technologies Irish Holdings Unlimited Co)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionpractices.
Appears in 8 contracts
Sources: Junior Subordinated Indenture (American Equity Investment Life Holding Co), Junior Subordinated Indenture (American Equity Investment Life Holding Co), Junior Subordinated Indenture (American Equity Investment Life Holding Co)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Notwithstanding any other provisions of this Indenture, the Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 7 contracts
Sources: Junior Subordinated Indenture (Gainsco Inc), Junior Subordinated Indenture (Florida Community Banks Inc), Junior Subordinated Indenture (Assuranceamerica Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company Corporation may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.10, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company Corporation a certificate of such dispositiondestruction.
Appears in 7 contracts
Sources: Junior Subordinated Indenture (Centura Banks Inc), Junior Subordinated Indenture (Bt Capital Trust B), Junior Subordinated Indenture (Colonial Bancgroup Inc)
Cancellation. All Securities surrendered for payment, purchase, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, shall be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already canceled, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.11, except as expressly permitted by this Indenture. All If requested by the Company, all canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be returned to the Company. The Trustee shall deliver to provide the Company a certificate list of such dispositionall Securities that have been canceled from time to time as requested by the Company.
Appears in 7 contracts
Sources: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Registered Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 6 contracts
Sources: Indenture Agreement (Castellum, Inc.), Indenture (Iveda Solutions, Inc.), Indenture (SRM Entertainment, Inc.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or tendered and accepted pursuant to any Change of Control Offer pursuant to Section 10.13 or any Asset Sale Offer pursuant to Section 10.14 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of cancelled by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 6 contracts
Sources: Indenture (Herc Holdings Inc), Indenture (Herc Holdings Inc), Indenture (United Rentals North America Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained destroyed or otherwise disposed of by the Trustee in accordance with its customary usual practices and the Trustee shall shall, upon request, deliver to the Company a certificate of such dispositiondestruction.
Appears in 6 contracts
Sources: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/), Indenture (Western Wireless Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or tendered and accepted pursuant to any Change of Control Offer pursuant to Section 10.13 or any Asset Sale Offer pursuant to Section 10.14 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its the customary practices and manner by the Trustee shall deliver to the unless otherwise directed by a Company a certificate of such dispositionOrder.
Appears in 6 contracts
Sources: Indenture (Group Maintenance America Corp), Indenture (Miller Mechanical Contractors Inc), Indenture (Group Maintenance America Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities Securities, and Securities surrendered directly to the Trustee for any such purpose purpose, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.10, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 6 contracts
Sources: Junior Subordinated Indenture (American Safety Insurance Group LTD), Junior Subordinated Indenture (Gbci Capital Trust Ii), Junior Subordinated Indenture (Allegiant Capital Trust Ii)
Cancellation. All The Company at any time may deliver Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by itcancellation. The Registrar and the Paying Agent shall forward to the Trustee any Securities surrendered to them for transfer, exchange or payment. The Trustee, or at the direction of the Trustee, the Registrar or the Paying Agent (other than the Company or an Affiliate of the Company), and no one else, shall cancel and return all Securities surrendered for transfer, exchange, payment or cancellation to the Company. Subject to Section 2.7, the Company may at any time deliver not issue new Securities to replace Securities that have been paid or delivered to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trusteecancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.82.11, except as expressly permitted in the form of Securities and as permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 6 contracts
Sources: Indenture (Halter Marine Group Inc), Indenture (Antec Corp), Indenture (Data Processing Resources Corp)
Cancellation. All Securities surrendered for payment, redemption, repayment, registration of transfer or exchange shallor for credit against any sinking fund payment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the TrusteeTrustee at the direction of the Company. No Securities securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to be destroyed by it unless by a Company Order the Company a certificate of such dispositiondirects their return to it.
Appears in 6 contracts
Sources: Indenture (Gatx Corp), Indenture (SPSS Inc), Indenture (Gatx Financial Corp)
Cancellation. All The Company at any time may deliver Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by itcancellation. The Registrar and the Paying Agent shall forward to the Trustee any Securities surrendered to them for transfer, exchange or payment. The Trustee, or at the direction of the Trustee, the Registrar or the Paying Agent (other than the Company or an Affiliate of the Company), and no one else, shall cancel and, at the written direction of the Company, shall dispose of all Securities surrendered for transfer, exchange, payment or cancellation. Subject to Section 2.7, the Company may at any time deliver not issue new Securities to replace Securities that have been paid or delivered to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trusteecancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.82.11, except as expressly permitted in the form of Securities and as permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 6 contracts
Sources: Indenture (Parker Drilling Co /De/), Indenture (United States Filter Corp), Indenture (Pricellular Wireless Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any payment in respect of a sinking fund or analogous obligation shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with pursuant to its customary practices standing procedures, and the Trustee shall shall, upon written request therefor, deliver to the Company a certificate of such dispositioncancellation in respect thereof.
Appears in 5 contracts
Sources: Indenture (Baxter International Inc), Indenture (Baxter International Inc), Indenture (Baxter International Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its customary practices and the Trustee shall deliver procedures and, if requested, certification of their disposition delivered to the Company, unless by a Company a certificate of such dispositionOrder the Company directs that canceled securities be returned to it.
Appears in 5 contracts
Sources: Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 4 contracts
Sources: Indenture (Viking International LTD), Indenture (Viking International LTD), Indenture (Aviall Services Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 4 contracts
Sources: Junior Subordinated Indenture (Bnccorp Inc), Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Vib Corp)
Cancellation. All Securities surrendered for payment, purchase, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, shall be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already canceled, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.12, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be returned to the Company. The Trustee shall deliver to provide the Company a certificate list of such dispositionall Securities that have been canceled from time to time as requested by the Company.
Appears in 4 contracts
Sources: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may may, at any time time, deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 4 contracts
Sources: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)
Cancellation. All Securities surrendered for payment, redemption, redemption or registration of transfer or exchange shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.82.12, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its the Trustee’s customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedure.
Appears in 4 contracts
Sources: Indenture (Hallmark Financial Services Inc), Indenture (WSFS Financial Corp), Indenture (WSFS Financial Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer transfer, conversion or exchange or credit against a sinking fund, if any, shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already cancelled, shall be promptly canceled cancelled by itthe Trustee. The Company Bank may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Bank may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled The Trustee shall dispose of all cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Bank; provided, however, that the Trustee shall not be required to destroy such cancelled Securities.
Appears in 3 contracts
Sources: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi), Indenture (Banco Santander Chile)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled The Trustee shall destroy cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to procedures, and, if so requested by the Company in writing, deliver a certificate of such dispositiondestruction to the Company or the Guarantor.
Appears in 3 contracts
Sources: Indenture (Arch Capital Group Ltd.), Indenture (Arch Capital Group (U.S.) Inc.), Indenture (Arch Capital Group Ltd.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8309, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its the Trustee's then customary practices and practice for disposing of securities, unless otherwise directed by a Company Order; provided, however, that the Trustee shall deliver not be required to the Company a certificate of such dispositiondestroy any canceled Securities.
Appears in 3 contracts
Sources: Indenture (Northeast Utilities System), Indenture (Northeast Utilities System), Indenture (Western Massachusetts Electric Co)
Cancellation. All Securities surrendered for payment, redemption, conversion, registration of transfer or exchange or for credit against any sinking fund payment or analogous obligation shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and promptly shall be canceled by it and, if surrendered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered promptly shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 3 contracts
Sources: Indenture (Century Communications Corp), Senior Subordinated Indenture (Century Communications Corp), Subordinated Indenture (Century Communications Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered made available for delivery hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver delivered to the Company a certificate of such dispositionCompany.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Highlands Capital Trust I), Junior Subordinated Indenture (Resource Capital Trust I), Junior Subordinated Indenture (Southern Financial Capital Trust I)
Cancellation. All Securities securities surrendered for payment, redemption, repurchase, conversion, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all All Securities so delivered shall be canceled promptly canceled by the Trustee. No , and no Securities shall be authenticated issued in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, thereof except as expressly permitted by any of the provisions of this Indenture. All canceled Securities shall be retained or disposed Upon written instructions of by the Company, the Trustee shall dispose of the Securities in accordance with its usual and customary practices policies and the Trustee procedures and, thereafter, shall deliver to the Company a certificate of such dispositioncancellation to the Company. If the Company shall acquire any of the Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless the same are delivered to the Trustee for cancellation.
Appears in 3 contracts
Sources: Indenture (Cv Therapeutics Inc), Indenture (Cv Therapeutics Inc), Indenture (Cyberonics Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Pmi Group Inc), Junior Subordinated Indenture (Providian Financial Corp), Junior Subordinated Indenture (Pmi Capital I)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.be
Appears in 3 contracts
Sources: Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time shall deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver certification of their disposal delivered to the Company a certificate of such dispositionunless by Company Order the Company shall direct that cancelled Securities be returned to it.
Appears in 2 contracts
Sources: Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures.
Appears in 2 contracts
Sources: Indenture (Citizens Funding Trust IV), Indenture (Citizens Banking Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Notwithstanding any other provision of this Indenture, the Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Seacoast Financial Services Corp), Junior Subordinated Indenture (Seacoast Financial Services Corp)
Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and may be destroyed by it and, if so destroyed, the Trustee shall deliver to the Company a its certificate of such dispositiondestruction to the Company, unless by a Company Order the Company directs their return to it.
Appears in 2 contracts
Sources: Indenture (Ford Motor Co Capital Trust I), Indenture (Ford Motor Co)
Cancellation. All Securities surrendered for payment, ------------ redemption, conversion, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered made available for delivery hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver delivered to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Commonwealth Bankshares Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any payment in respect of a sinking fund or analogous obligation shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.83.09, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices shall be destroyed by the Trustee, and the Trustee shall shall, upon written request therefor, deliver to the Company a certificate of such dispositiondestruction in respect thereof.
Appears in 2 contracts
Sources: Indenture (Baxter International Inc), Indenture (Baxter International Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shallor for credit against any sinking fund payment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee it in accordance with its customary practices and the Trustee shall deliver to manner unless by a Company Order the Company a certificate of such dispositiondirects their return to it.
Appears in 2 contracts
Sources: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be disposed of as directed by a Company Order; PROVIDED that the Trustee shall deliver not be required to the Company a certificate of destroy such dispositionSecurities.
Appears in 2 contracts
Sources: Indenture (Midcoast Energy Resources Inc), Indenture (Landrys Seafood Restaurants Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of returned by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Hl&p Capital Trust I), Junior Subordinated Indenture (Hl&p Capital Trust Iv)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition. SECTION 3.9. Reserved.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Desert Capital Reit Inc), Junior Subordinated Indenture (Desert Capital Reit Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company Corporation may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company Corporation a certificate of such disposition.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust)
Cancellation. All Securities Debentures surrendered for payment, redemption, registration of transfer or exchange or any Asset Sale Offer or Change of Control Offer pursuant to Section 1013 or 1015 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Debentures previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities Debentures so delivered shall be promptly canceled by the Trustee. No Securities Debentures shall be authenticated in lieu of or in exchange for any Securities Debentures canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of Debentures held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Sources: Indenture (Liberty Group Publishing Inc), Indenture (Liberty Group Publishing Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.. EXHIBIT D
Appears in 2 contracts
Sources: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (City Holding Capital Trust Ii), Junior Subordinated Indenture (United Community Capital Trust)
Cancellation. All Securities and coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of and coupons held by the Trustee in accordance with its customary practices and shall be returned by the Trustee shall deliver to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Sources: Indenture (United States Filter Corp), Subordinated Indenture (Vec Trust Ii)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any Offer to Purchase pursuant to Section 1013 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be disposed of as directed by a Company Order; provided, however, that the Trustee shall deliver not be required to the Company a certificate of such dispositiondestroy canceled Securities.
Appears in 2 contracts
Sources: Indenture (Nextel Communications Inc), Indenture (Nextel Communications Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 2 contracts
Sources: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Symons International Group Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any Offer to Purchase pursuant to Section 1016 or 1017 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Sources: Indenture (Corporacion Durango Sa De Cv/), Indenture (Durango Corp)
Cancellation. All Securities surrendered for payment, redemption, payment or registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Sources: Indenture (Allegheny Ludlum Corp Et Al), Indenture (Allegheny Ludlum Corp Et Al)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionpractices.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Plains Capital Corp), Junior Subordinated Indenture (North State Bancorp)
Cancellation. All Securities surrendered for payment, redemption, transfer transfer, conversion or exchange or credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already cancelled, shall be promptly canceled cancelled by it. The Company may may, but is not required to, at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled The Trustee shall dispose of all cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Company.
Appears in 2 contracts
Sources: Senior Indenture (Magna Entertainment Corp), Subordinated Indenture (Magna Entertainment Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Corporation may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Riggs Capital Ii), Junior Subordinated Indenture (Riggs National Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8309, except as expressly permitted by this Indenture. All canceled The Trustee shall destroy cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to procedures, and, if so requested by the Company in writing, deliver a certificate of such dispositiondestruction to the Company or the Guarantor.
Appears in 2 contracts
Sources: Indenture (Arch Capital Group Ltd.), Indenture (Arch Capital Group Ltd.)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver returned to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Sources: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)
Cancellation. All Securities surrendered for payment, purchase, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, shall be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already canceled, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.12, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be returned to the Company. The Trustee shall deliver to provide the Company a certificate list of such dispositionall Securities that have been canceled from time to time as requested by the Company.
Appears in 2 contracts
Sources: Indenture (Di Giorgio Corp), Indenture (Di Giorgio Corp)
Cancellation. All Securities surrendered for payment, redemptionpurchase, conversion, redemption or registration of transfer or exchange for the Securities shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. The Company may not issue new Securities to replace Securities it has paid for or delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.82.10, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures.
Appears in 2 contracts
Sources: Indenture (Austin Funding Com Corp), Indenture (Austin Funding Com Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section SECTION 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 2 contracts
Sources: Indenture (Enron Capital Trust Ii), Indenture (Enron Capital Trust Ii)
Cancellation. All Securities and coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities and coupons held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionmanner.
Appears in 2 contracts
Sources: Subordinated Indenture (Valero Energy Corp/Tx), Indenture (Valero Energy Corp/Tx)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may may, at any time time, deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and and, if requested, the Trustee shall deliver to the Company a certificate of such disposition.
Appears in 2 contracts
Sources: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its customary practices and the Trustee shall deliver practices, subject to the Company a certificate of such dispositionapplicable law.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (American General Corp /Tx/), Junior Subordinated Indenture (American General Capital Iv)
Cancellation. All Securities Notes surrendered for payment, redemption, registration of transfer or exchange or for credit against any offer to purchase pursuant to Section 10.09 or 10.13 shall, if surrendered to any Person (including the Security Registrar or the Paying Agent) other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time shall deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities Notes so delivered shall be promptly canceled cancelled by the Trustee. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities canceled Notes cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities cancelled Notes held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices procedures and the Trustee shall deliver certification of their cancellation delivered to the Company a certificate of such dispositionCompany.
Appears in 2 contracts
Sources: Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All Upon written request, all canceled Securities shall be retained or disposed of returned by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionand destroyed by the Company.
Appears in 2 contracts
Sources: Indenture (Provident Capital Trust Iv), Indenture (Provident Capital Trust Iii)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.10, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Sources: Junior Subordinated Indenture (American Bancshares Inc \Fl\)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or pursuant to any Offer to Purchase pursuant to Sections 10.10 and 10.18 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver to the be disposed of as directed by a Company a certificate of such dispositionOrder.
Appears in 1 contract
Sources: Indenture (PSF Holdings LLC)
Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and may be destroyed by it and, if so destroyed, the Trustee shall deliver to the Company a its certificate of such dispositiondestruction to the Company, unless by Company Order the Company directs their return to it.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemptionpurchase by the Company pursuant to Article 3, redemption or registration of transfer or exchange shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionTrustee.
Appears in 1 contract
Sources: Indenture (Mesa Air Group Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company or the Guarantor may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall shall, if requested, deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.10, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Sources: Junior Subordinated Indenture (BSB Capital Trust I)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for 50 - 44 - any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Sources: Junior Subordinated Indenture (National Penn Bancshares Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any Offer to Purchase pursuant to Section 1014 and 1015 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and the Trustee shall deliver be returned to the Company a certificate of such dispositionCompany.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its the Trustee’s customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or deemed lost or stolen shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall cancellation and may not be promptly canceled by itreissued or sold. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company Issuer may have acquired in any manner whatsoever, and all . All Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of held by the Trustee in accordance with its customary practices and standard retention policy, unless the Trustee Issuer shall deliver direct by an Issuer Order that they be returned to the Company a certificate of such dispositionit.
Appears in 1 contract
Sources: Indenture (Bank Bradesco)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.. 30
Appears in 1 contract
Sources: Junior Subordinated Indenture (Simmons First National Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or pursuant to any Offer to Purchase pursuant to Section 1013 or Section 1015 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its the Trustee's customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures.
Appears in 1 contract
Sources: Indenture (Western Wireless Corp)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Cancellation. All Debt Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Debt Securities so delivered shall be promptly canceled cancelled by the Trustee. No Debt Securities shall be authenticated in lieu Lieu of or in exchange for any Debt Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Debt Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices shall be destroyed and the Trustee shall deliver certification of their destruction delivered to the Company unless, by a certificate of such dispositionCompany Order, the Company shall direct that cancelled Debt Securities be returned to it.
Appears in 1 contract
Sources: Indenture (Loews Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such . All Securities and Securities surrendered directly to the Trustee for any such purpose so delivered shall be promptly canceled cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities held by the Trustee shall be retained or disposed of treated by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositiondocument retention policies.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, transfer registration of transfer, exchange, for credit against any sinking fund payment or exchange pursuant to any Offer to Purchase shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled cancelled Securities shall be retained or disposed of held by the Trustee shall be disposed of in accordance with its customary practices and the Trustee shall deliver to the standard procedures or as directed by a Company a certificate of such dispositionOrder.
Appears in 1 contract
Sources: Indenture (Xo Communications Inc)
Cancellation. All Securities surrendered for payment, redemption, transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of destroyed by the Trustee in accordance with its customary practices Trustee[,] and the Trustee shall deliver to the Company a certificate of such dispositiondestruction.
Appears in 1 contract
Sources: Junior Subordinated Indenture (First Star Capital Trust)
Cancellation. All Securities surrendered for payment, redemption, or registration of transfer or exchange shallmay, if surrendered to any Person other than as the TrusteeCompany’s option, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by itcancellation. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.83.08, except as expressly permitted by this Indenture. All canceled Securities held by the Trustee shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such dispositionprocedures unless otherwise directed by an Order.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for purchase under any Offer to Purchase pursuant to Section 1018 or 1019 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of held by the Trustee in accordance with its customary practices and shall be disposed of as directed by a Company Order, provided, however, that the Trustee may, but shall deliver to the Company a certificate of not be required to, destroy such dispositioncanceled Securities.
Appears in 1 contract
Cancellation. All Securities surrendered for payment, redemption, transfer repayment at the option of the Holder, conversion, exchange, registration of transfer, conversion or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled Cancelled Securities shall be retained or disposed of held by the Trustee may be destroyed by it in accordance with its the Trustee's customary practices and the Trustee shall deliver to procedures, unless by a Company Order the Company a certificate of such dispositiondirects their return to it.
Appears in 1 contract
Sources: Indenture (Mpower Holding Corp)
Cancellation. All Securities surrendered for payment, redemption, or registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, Trustee and any such Securities and Securities surrendered directly to the Trustee for any such purpose shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities canceled as provided in this Section 3.8, except as expressly permitted by this Indenture. All canceled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices and the Trustee shall deliver to the Company a certificate of such disposition.Section
Appears in 1 contract
Sources: Indenture (Braskem Finance LTD)
Cancellation. All Securities surrendered for payment, redemption, transfer conversion, registration of transfer, or exchange or credit against a sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the TrusteeTrustee and, and any such Securities and Securities surrendered directly to the Trustee for any such purpose if not already cancelled, shall be promptly canceled cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder that which the Company may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly canceled cancelled by the Trustee. No Securities Security shall be authenticated in lieu of or in exchange for any Securities canceled cancelled as provided in this Section 3.8Section, except as expressly permitted by this Indenture. All canceled The Trustee shall dispose of all cancelled Securities shall be retained or disposed of by the Trustee in accordance with its customary practices standard procedures and the Trustee shall deliver to the Company a certificate of such dispositiondisposition to the Company.
Appears in 1 contract
Sources: Indenture (Time Warner Inc)