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 shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.
Appears in 24 contracts
Sources: Indenture (Entertainment Inc), Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities and coupons so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.
Appears in 22 contracts
Sources: Indenture (VIQ Solutions Inc.), Indenture (Encana Corp), Indenture (Encana Corp)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 21 contracts
Sources: Indenture (Pep Boys Manny Moe & Jack), Indenture (Hospitality Properties Trust), Indenture (Friedman Billings Ramsey Group Inc)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled by it and, if surrendered to the Trustee, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by a Company Order, and certification deliver a certificate of their such disposal delivered to the Company unless upon its request therefor. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.
Appears in 13 contracts
Sources: Indenture (Tech Data Corp), Indenture (Tech Data Corp), Indenture (Alphabet Inc.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment or for conversion shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of as directed by a Company Order or, in the Trustee absence of such Company Order, in accordance with its the Trustee's customary procedures practices. Acquisition by the Company of any Security shall not operate as a redemption or satisfaction of the indebtedness represented by such Security unless and certification of their disposal until the same is delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.
Appears in 12 contracts
Sources: Indenture (Nabors Industries Inc), Indenture (Nabors Industries LTD), Indenture (Nabors Industries 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. All Securities so delivered and any Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by itthe Trustee and such cancellation shall be noted conspicuously on each such Security. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of as directed by the Trustee a Company Order or after 90 days, if not in receipt of such Company Order, shall be disposed of in accordance with its the Trustee's customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itprocedures.
Appears in 12 contracts
Sources: Indenture (Monsanto Co), Indenture (Airtran Holdings Inc), Indenture (Sabre Holding Corp)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company unless Company, unless, by Company Order the Company shall direct that cancelled Securities be returned Order, the Company directs their return to it.
Appears in 10 contracts
Sources: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Capitalsource Holdings LLC)
Cancellation. All Securities surrendered for payment, redemption, exchange or registration of transfer or exchange for credit against any sinking fund payment, as the case may be, shall, if surrendered to the Company or any Person other than agent of the Company or of the Trustee, be delivered to the Trustee and Trustee. All Registered Securities so delivered shall be promptly cancelled by itthe Trustee, upon written request of the Company. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, Section except as expressly permitted provided by this Indenture. All Any cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its then customary procedures and certification and, upon written request of their disposal delivered the Company, the Trustee shall deliver to the Company unless a certificate of such disposal. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.
Appears in 9 contracts
Sources: Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Amalgamated Financial Corp.)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the TrusteePaying Agent, be delivered to the Trustee Paying Agent for cancellation and shall be promptly cancelled by it and, if surrendered to the Paying Agent, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee Paying Agent for cancellation any Securities previously authenticated and delivered hereunder which 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellationPaying Agent. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Paying Agent shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by a Company Order, and certification deliver a certificate of their such disposal delivered to the Company unless upon its request therefor. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Paying Agent for cancellation.
Appears in 9 contracts
Sources: Indenture (MicroCloud Hologram Inc.), Indenture (MicroAlgo Inc.), Indenture (WiMi Hologram Cloud Inc.)
Cancellation. All Securities and interest coupons appertaining thereto, if any, surrendered for payment, redemption, conversion, 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 shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Securities, together with interest coupons appertaining thereto, if any, previously authenticated and delivered hereunder 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 Securities, together with interest coupons appertaining thereto, if any, previously authenticated hereunder which the Company has not issued and sold, and all Securities and interest coupons so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.9, except as expressly permitted by this Indenture. All cancelled Securities and interest coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures procedures, and certification of their disposal delivered the Trustee shall thereafter deliver to the Company unless by Company Order the Company shall direct that cancelled Securities be returned a certificate with respect to itsuch disposition.
Appears in 9 contracts
Sources: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Indenture (Mapco Inc), Senior Subordinated Indenture (Allied Waste Industries 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 shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.
Appears in 7 contracts
Sources: Indenture (Applied Extrusion Technologies Inc /De), Indenture (Gb Property Funding Corp), Indenture (Atlantic Coast Entertainment Holdings Inc)
Cancellation. All Securities Notes 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 at its Corporate Trust Office. All Notes so delivered shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder 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 Notes previously authenticated hereunder which the Company has not issued and soldissued, and all Securities Notes so delivered shall be promptly cancelled by the Trustee. If No Notes shall be authenticated in lieu of or in exchange for any Notes cancelled as provided in this Section, except as permitted by this Indenture. All cancelled Notes held by the Trustee shall be delivered to the Company shall so acquire upon Company Request. The acquisition of any of Notes by the Securities, however, such acquisition Company shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities thereby unless and until the same such Notes are surrendered to the Trustee for cancellation. No Securities The Notes shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall not be disposed of by the Trustee until exchanged in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itfull for Definitive Notes or until payment thereon is made in full.
Appears in 7 contracts
Sources: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of retained by the Trustee in accordance with its customary procedures and certification the record retention requirements of their disposal delivered to the Exchange Act. The Company unless by Company Order may direct the Company shall direct that cancelled Securities be returned Trustee to itdeliver a certificate of such cancellation to the Company.
Appears in 7 contracts
Sources: Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)
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 shall be promptly cancelled canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures destroyed and certification of their disposal destruction delivered to the Company Company, unless by Company an Order of the Company shall direct that cancelled canceled Securities be returned to itthe Company. The repayment of any principal amount of Securities pursuant to such option of the Holder to require repayment of Securities before their Stated Maturity, for purposes of this Section 309, shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, at its option, shall deliver or surrender the same to the Trustee with an Order that such Securities be canceled.
Appears in 7 contracts
Sources: Indenture (New Nisource Inc), Indenture (American Water Capital Corp), Indenture (New Nisource Inc)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by Company Order the Company shall direct that cancelled Securities be returned Order, the Company directs their return to it.
Appears in 7 contracts
Sources: Senior Indenture (Liberty Property Limited Partnership), Indenture (Centerpoint Properties Corp), Senior Indenture (Liberty Property Limited Partnership)
Cancellation. All Securities surrendered for payment, redemption, redemption or registration of transfer or exchange 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 shall be promptly cancelled by itfor cancellation. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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. The Registrar and the Paying Agent shall forward to the Trustee any Securities surrendered to them for transfer, exchange or payment. The Trustee, at the written direction of the Company, or, at the written direction of the Company, the Registrar or the Paying Agent (if the Trustee is not serving in those capacities), and no one else, shall cancel and dispose of (subject to the record retention requirements of the Exchange Act and the Trustee) in accordance with its standard procedures, all Securities so delivered shall be promptly cancelled by the Trusteesurrendered for transfer, exchange, payment or cancellation. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness Indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellationcancellation pursuant to this Section 2.12. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 2.12, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.
Appears in 7 contracts
Sources: Indenture (Verastem, Inc.), Indenture (Verastem, Inc.), Indenture (Paratek Pharmaceuticals, Inc.)
Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder or registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 that the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 7 contracts
Sources: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Interliant Inc)
Cancellation. (a) All Securities Certificates surrendered (i) for paymentdelivery of shares of Common Stock on or after any Settlement Date; (ii) upon the transfer of Notes, redemptionthe appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio, or Treasury Securities, as the case may be, after the occurrence of a Termination Event; or (iii) upon the registration of a transfer or exchange of a Unit shall, if surrendered to any Person other than the TrusteeAgent, be delivered to the Trustee and Agent and, if not already cancelled, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee Agent for cancellation any Securities Certificates previously authenticated authenticated, executed and delivered hereunder 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 Certificates so delivered shall shall, upon Issuer Order, be promptly cancelled by the TrusteeAgent. If the Company No Certificates shall so acquire any be authenticated, executed on behalf of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless Holder and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated delivered in lieu of or in exchange for any Securities Certificates cancelled as provided in this Section, except as expressly permitted by this IndentureAgreement. All cancelled Securities Certificates held by the Trustee Agent shall upon written request be disposed returned to the Company.
(b) If the Company or any Affiliate of by the Trustee in accordance with its customary procedures Company shall acquire any Certificate, such acquisition shall not operate as a cancellation of such Certificate unless and certification of their disposal until such Certificate is delivered to the Company unless by Company Order the Company shall direct that Agent cancelled Securities be returned to itor for cancellation.
Appears in 6 contracts
Sources: Purchase Contract Agreement (Northwest Natural Gas Co), Purchase Contract Agreement (Ameren Capital Trust Ii), Purchase Contract Agreement (Hawaiian Electric Industries Inc)
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 TrusteeTrustee or the Security Registrar, be delivered to the Trustee or the Security Registrar, and any such Securities and Coupons and Securities and Coupons surrendered directly to the Trustee or the Security Registrar for any such purpose shall be promptly cancelled by itthe Trustee or the Security Registrar, as the case may be. The Company may at any time deliver to the Trustee or the Security Registrar for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If Trustee or the Company shall so acquire any of Security Registrar, as the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellationcase may be. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this IndentureIndenture or as otherwise specified as contemplated by Section 301. All cancelled Securities and Coupons held by the Trustee or the Security Registrar shall be disposed of returned to the Company by the Trustee in accordance with its customary procedures and certification of their disposal delivered to or the Security Registrar, as the case may be, upon a Company Order. The Trustee shall promptly notify the Company unless by Company Order the Company shall direct that of all cancelled Securities be returned to itSecurities.
Appears in 6 contracts
Sources: Subordinated Indenture (Entegra Financial Corp.), Subordinated Indenture (Southern First Bancshares Inc), Senior Indenture (National City Corp)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and any Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire acquires any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company unless by the Company delivers a Company Order the Company shall direct that cancelled Securities be returned which directs their return to it.
Appears in 6 contracts
Sources: Indenture (Security Capital Group Inc/), Indenture (Security Capital Group Inc/), Indenture (Homestead Village Inc)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion 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 and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 309, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered returned to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.
Appears in 6 contracts
Sources: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled canceled by it and, if surrendered to the Trustee, shall be promptly canceled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled The Trustee shall dispose of all canceled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures and certification deliver a certificate of their such disposal delivered to the Company Issuer upon its request therefor. The acquisition of any Securities by the Issuer shall not operate as a redemption or satisfaction of the indebtedness represented thereby unless by Company Order and until such Securities are surrendered to the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.
Appears in 6 contracts
Sources: Indenture (Pfizer Inc), Indenture (Pfizer Investment Enterprises PTE LTD), Indenture (BlackRock, Inc.)
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, and any such Securities and Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer 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 Issuer has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company Issuer shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 309, except as expressly permitted by this Indenture. All cancelled Cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered returned to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itIssuer.
Appears in 6 contracts
Sources: Indenture (Americold Realty Trust), Indenture (Nova Cold Logistics ULC), Indenture (Cousins Properties LP)
Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange conversion 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, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by or pursuant to this IndentureIndenture or the related Series Authorization. All cancelled Securities and Coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures manner and certification the Trustee shall deliver a certificate of their disposal delivered such disposition to the Company upon its written request therefor, unless by a Company Order the Company shall direct directs that the cancelled Securities and Coupons be returned to it.
Appears in 5 contracts
Sources: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, conversion or 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 and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 5 contracts
Sources: Indenture (Wyman Gordon Co), Indenture (Trinet Corporate Realty Trust Inc), Indenture (Bay Apartment Communities Inc)
Cancellation. (a) All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company or any Subsidiary Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company manner unless by a Company Order the Company shall direct directs that cancelled Securities be returned to itthe Company.
Appears in 5 contracts
Sources: Indenture (Tampa DC, LLC), Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC)
Cancellation. All Securities and coupons 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 and shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of as directed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 5 contracts
Sources: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Motorola Inc)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion 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 and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 309, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 5 contracts
Sources: Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion 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 and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.9, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered returned to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.
Appears in 5 contracts
Sources: Indenture (Excel Legacy Corp), Indenture (Leap Wireless International Inc), Indenture (Price Legacy Corp)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 5 contracts
Sources: Indenture (Avalonbay Communities Inc), Indenture (Trinet Corporate Realty Trust Inc), Indenture (Wyman Gordon Co)
Cancellation. All Securities Notes surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Notes so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder 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 Notes previously authenticated hereunder which the Company has not issued and sold, and all Securities Notes so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities Notes cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities Notes held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities Notes be returned to it.
Appears in 5 contracts
Sources: Indenture (Perry Ellis International Inc), Indenture (Borg Warner Security Corp), Indenture (Nine West Group Inc /De)
Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange conversion 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, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be canceled promptly cancelled by itthe Trustee. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities or Coupons previously authenticated and delivered hereunder which the Company or the Guarantor 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 or Coupons so delivered shall be canceled promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities or Coupons shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 309, except as expressly permitted by or pursuant to this Indenture. All cancelled canceled Securities and Coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to procedures, unless by a Company Order or Guarantor Order, the Company unless by Company Order or the Company shall direct that cancelled Securities be returned Guarantor directs their return to it.
Appears in 4 contracts
Sources: Indenture (Apache Corp), Indenture (Apache Corp), Indenture (Apache Corp)
Cancellation. All Securities Notes 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 at its Corporate Trust Office. All Notes so delivered shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder 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 Notes previously authenticated hereunder which the Company has not issued and soldissued, and all Securities Notes so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities Notes cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities Notes held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless upon Company Request. The acquisition of any Notes by Company Order the Company shall direct that cancelled Securities not operate as a redemption or satisfaction of the indebtedness represented thereby unless and until such Notes are surrendered to the Trustee for cancellation. Permanent Global Notes shall not be returned to itdisposed of until exchanged in full for definitive Notes or until payment thereon is made in full.
Appears in 4 contracts
Sources: Indenture (MGM Mirage), Indenture (MGM Mirage), Indenture (MGM Mirage)
Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange conversion 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, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company Issuer or the Guarantor (if the Security is a Guaranteed Security) may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer or the Guarantor (if the Security is a Guaranteed Security) 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 cancelled promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company Trustee, unless by Company an Issuer Order or Guarantor Order the Company shall direct that cancelled Securities be returned Issuer or the Guarantor, as the case may be, directs their return to it.
Appears in 4 contracts
Sources: Indenture (Reckson Associates Realty Corp), Merger Agreement (Reckson Associates Realty Corp), Indenture (Reckson Associates Realty 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. All Securities so delivered and any Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee and such cancellation shall be noted conspicuously on each such Security. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All Unless the Company directs otherwise by a Company Order, all cancelled Securities held by the Trustee shall may be disposed of by destroyed, but the Trustee in accordance with its customary procedures and certification of their disposal delivered shall not be obligated to so destroy such Securities, and, if any such cancelled Security is destroyed, the Trustee shall furnish to the Company unless by Company Order the Company shall direct that cancelled Securities be returned a certificate with respect to itsuch destruction.
Appears in 4 contracts
Sources: Indenture (Precision Castparts Corp), Indenture (Owens Corning), Indenture (Unova Inc)
Cancellation. (a) All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itmanner.
Appears in 4 contracts
Sources: Indenture (Federated National Holding Co), Indenture (Federated National Holding Co), Indenture (Federated National Holding Co)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange 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 all Securities so delivered shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, whatsoever (including Securities received by the Company in exchange or payment for other Securities of the Company) 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 to the Trustee shall be promptly cancelled canceled by the Trustee. If the The Company shall so acquire any of the Securitiesmay not reissue, howeveror issue new Securities to replace, such acquisition shall not operate as a redemption Securities it has paid for or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such disposition to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itupon receipt of a request therefor.
Appears in 4 contracts
Sources: Indenture (O&M Halyard, Inc.), Indenture (O&M Halyard, Inc.), Indenture (Owens & Minor Inc/Va/)
Cancellation. All Debt Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange shallfor credit against any payment in respect of a sinking or analogous fund will, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Debt Securities, as well as Debt Securities surrendered directly to the Trustee and shall for any such purpose, will be cancelled promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder hereunder, 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 Debt Securities so delivered shall will be cancelled promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such No Debt Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall will be authenticated in lieu of or in exchange for any Debt Securities cancelled as provided in this Section, except as expressly permitted by or under this Indenture. All cancelled Debt Securities and Coupons held by the Trustee shall will be disposed of by the Trustee in accordance with its customary procedures procedure for the disposition of cancelled Debt Securities, and certification the Trustee, upon the written request of their disposal delivered the Company, will deliver to the Company a certificate of such disposition, unless by a Company Order the Company shall direct that cancelled Debt Securities or Coupons shall be returned to itthe Company.
Appears in 4 contracts
Sources: Indenture (City Holding Co), Indenture (City Holding Co), Indenture (City Holding Co)
Cancellation. All Unless otherwise specified pursuant to Section 3.1 for Debt Securities of any series, all Debt Securities surrendered for payment, redemption, registration of transfer transfer, exchange or credit against any sinking fund surrendered for payment or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and Trustee. All Debt Securities so delivered shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder 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 Debt Securities previously authenticated hereunder which the Company has not issued and soldissued, and all Debt Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Debt Securities shall be authenticated in lieu of or in exchange for any Debt Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Debt Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless upon Company Request. The acquisition of any Debt Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the indebtedness represented thereby unless and until such Debt Securities are surrendered to the Trustee for cancellation. Permanent Global Notes shall not be returned to itdestroyed until exchanged in full for definitive Debt Securities or until payment thereon is made in full.
Appears in 4 contracts
Sources: Indenture (Metro-Goldwyn-Mayer Inc), Indenture (MGM Grand Inc), Indenture (Biloxi Casino Corp)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion 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 and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.09, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 4 contracts
Sources: Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc)
Cancellation. All Securities Notes 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 shall be promptly cancelled by it. The Company Co-Issuers may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder 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 Notes previously authenticated hereunder which the Company has Co-Issuers have not issued and sold, and all Securities Notes so delivered shall be promptly cancelled by the Trustee. If any of the Company Co-Issuers shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities Notes cancelled as provided in this SectionSection 308, except as expressly permitted by this Indenture. All cancelled Securities Notes held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company Co-Issuers shall direct that cancelled Securities Notes be returned to it.
Appears in 4 contracts
Sources: Indenture (Telesat Canada), Indenture (Telesat Canada), Indenture (Telesat Canada)
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 and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall deliver to the Company a certificate evidencing the disposition of the cancelled Securities. Acquisition by the Trustee in accordance with its customary procedures Company of any Security shall not operate as a redemption or satisfaction of the indebtedness represented by such Security unless and certification of their disposal until the same is delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.
Appears in 4 contracts
Sources: Subordinated Indenture (Fisher Scientific International Inc), Senior Indenture (Hartford Financial Services Group Inc/De), Junior Subordinated Indenture (Fisher Scientific International Inc)
Cancellation. All Securities Notes surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Notes surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder 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 Notes previously authenticated hereunder which the Company has not issued and sold, and all Securities Notes so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities cancelled Notes canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities Canceled Notes held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company unless Company, unless, by Company Order the Company shall direct that Order, the Company directs the return of such cancelled Securities be returned Notes to itthe Company.
Appears in 4 contracts
Sources: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Cancellation. (a) All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company manner, unless by a Company Order the Company shall direct directs that cancelled Securities be returned to itthe Company.
Appears in 4 contracts
Sources: Indenture (Molina Healthcare Inc), Indenture (Teekay Shipping Corp), Indenture (Molina Healthcare Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with according to its customary procedures and certification and, upon written request of their disposal delivered the Company, the Trustee shall deliver to the Company unless a certificate of such disposition. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.
Appears in 4 contracts
Sources: Indenture (Southside Bancshares Inc), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion 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 and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 3.9, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 4 contracts
Sources: Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc)
Cancellation. All Securities and coupons 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, and any such Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 4 contracts
Sources: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)
Cancellation. All Securities Security Certificates surrendered for payment, redemption, registration of transfer of any Securities represented thereby or exchange or for credit against any sinking fund payment shall, if the applicable Security Certificate is surrendered to any Person other than the Trustee, be delivered to the Trustee and the Securities represented thereby shall be promptly cancelled by it. The Company Issuer or the Guarantor may at any time deliver to the Trustee for cancellation any Securities one or more Security Certificates previously authenticated and delivered hereunder for cancellation of any Securities represented thereby which the Company Issuer or the Guarantor may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) one or more Security Certificates previously authenticated and delivered hereunder for cancellation of any Securities previously authenticated hereunder represented thereby which the Company Issuer has not issued and sold, and all Securities represented by any Security Certificate so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities Security Certificate shall be authenticated in lieu of or in exchange for any Security Certificate representing Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All Security Certificates representing cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company manner or shall direct that cancelled Securities otherwise be returned to itthe Issuer if directed by an Order.
Appears in 4 contracts
Sources: Indenture (Telefonica Emisiones, S.A.U.), Indenture (Telefonica Emisiones, S.A.U.), Indenture (Telefonica S A)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company procedures, unless by a Company Order the Company shall direct that cancelled Securities be returned directs the Trustee to itdeliver a certificate of such destruction to the Company or to return them to the Company.
Appears in 3 contracts
Sources: Indenture (PennantPark Floating Rate Capital Ltd.), Indenture (Pennantpark Investment Corp), Indenture (Medley Capital 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 shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.
Appears in 3 contracts
Sources: Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc), Euro Securities Indenture (Level 3 Communications Inc)
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 shall be promptly cancelled by itit in accordance with its customary procedures. The Company and or Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or a Guarantor 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 or a Guarantor have not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of as reasonably directed by the Trustee a Company Order in accordance with its the Trustee’s customary procedures and certification of their disposal delivered procedure; provided, however, that the Trustee shall not be required to the Company unless by Company Order the Company shall direct that destroy such cancelled Securities be returned to itSecurities.
Appears in 3 contracts
Sources: Senior Debt Indenture (Intercontinentalexchange Inc), Senior Debt Indenture (Intercontinentalexchange Inc), Senior Debt Indenture (Intercontinentalexchange Inc)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the TrusteePaying Agent, be delivered to the Trustee Paying Agent for cancellation and shall be promptly cancelled by it and, if surrendered to the Paying Agent, shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee Paying Agent for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellationPaying Agent. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Paying Agent shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by an Order, and certification deliver a certificate of their such disposal delivered to the Company Issuer upon its request therefor. The acquisition of any Securities by the Issuer shall not operate as a redemption or satisfaction of the Indebtedness represented thereby unless by Company Order and until such Securities are surrendered to the Company shall direct that cancelled Securities be returned to itPaying Agent for cancellation.
Appears in 3 contracts
Sources: Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities and coupons so delivered to the Trustee and shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer 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 Issuer has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company Issuer shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company Issuer upon its written request therefor unless by Company Issuer Order the Company Issuer shall direct that cancelled Securities be returned to it.
Appears in 3 contracts
Sources: Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Office Properties Canada)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 3 contracts
Sources: Indenture (Pse&g Capital Trust Iii), Indenture (New Plan Excel Realty Trust Inc), Indenture (New Plan Realty Trust)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled by it and, if surrendered to the Trustee, shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by an Order, and certification deliver a certificate of their such disposal delivered to the Company Issuer upon its request therefor. The acquisition of any Securities by the Issuer shall not operate as a redemption or satisfaction of the Indebtedness represented thereby unless by Company Order and until such Securities are surrendered to the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.
Appears in 3 contracts
Sources: Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2013) Ltd.)
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 shall be promptly cancelled canceled by itthe Trustee. The Company PEC may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company PEC 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures destroyed and certification of their disposal destruction delivered to the Company PEC, unless by Company an Order the Company shall direct that cancelled canceled Securities be returned to itPEC. The repayment of any principal amount of Securities pursuant to such option of the Holder to require repayment of Securities before their Stated Maturity, for purposes of this Section 309, shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until PEC, at its option, shall deliver or surrender the same to the Trustee with an Order that such Securities be canceled.
Appears in 3 contracts
Sources: Indenture (Pec Funding Trust I), Indenture (Pec Funding Trust I), Indenture (Peoples Energy Corp)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled by it and, if surrendered to the Trustee, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by a Company Order, and certification deliver a certificate of their such disposal delivered to the Company unless upon its request therefor. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.
Appears in 3 contracts
Sources: Indenture (Concentrix Corp), Indenture (Concentrix Corp), Indenture (Synnex Corp)
Cancellation. All Securities surrendered for payment, conversion, redemption, registration of transfer or exchange 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 shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its then customary procedures and certification and, upon written request of their disposal delivered the Company, the Trustee shall deliver to the Company unless a certificate of such disposition. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.
Appears in 3 contracts
Sources: Indenture (Berkshire Hills Bancorp Inc), Indenture (Berkshire Hills Bancorp Inc), Indenture (Berkshire Hills Bancorp Inc)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled canceled by it and, if surrendered to the Trustee, shall be promptly canceled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled The Trustee shall dispose of all canceled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures and certification deliver a certificate of their such disposal delivered to the Company Issuer upon its request therefor. The acquisition of any Securities by the Issuer shall not operate as a redemption or satisfaction of the Indebtedness represented thereby unless by Company Order and until such Securities are surrendered to the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.
Appears in 3 contracts
Sources: Indenture (J C Penney Co Inc), Indenture (SL Green Operating Partnership, L.P.), Indenture (SL Green Operating Partnership, L.P.)
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, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities and Coupons previously authenticated and delivered hereunder 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 and Coupons previously authenticated hereunder which the Company has not issued and sold, and all Securities and Coupons so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered returned to the Company unless by Company Order upon the Company shall direct that cancelled Securities be returned to itwritten request of the Company.
Appears in 3 contracts
Sources: Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc)
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 shall be promptly cancelled by itit in accordance with its customary procedures. The Company and or Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or the Guarantor 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 or the Guarantor have not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of as reasonably directed by the Trustee a Company Order in accordance with its the Trustee’s customary procedures and certification of their disposal delivered procedure; provided, however, that the Trustee shall not be required to the Company unless by Company Order the Company shall direct that destroy such cancelled Securities be returned to itSecurities.
Appears in 3 contracts
Sources: Senior Debt Indenture (NYSE Holdings LLC), Subordinated Debt Indenture (NYSE Holdings LLC), Senior Debt Indenture (Intercontinental Exchange, Inc.)
Cancellation. (a) All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company or any Subsidiary Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company manner, unless by a Company Order the Company shall direct directs that cancelled Securities be returned to itthe Company.
Appears in 3 contracts
Sources: Indenture (Winnsboro DC, LLC), Indenture (Salant Corp), Indenture (Perry Ellis Real Estate LLC)
Cancellation. All Securities Unless otherwise specified pursuant to Section 3.01 for Warrants of any series, all Warrants surrendered for payment, redemption, registration of transfer or exchange or otherwise shall, if surrendered to any Person other than the TrusteeWarrant Agent, be delivered to the Trustee Warrant Agent for cancellation and shall be promptly cancelled canceled by it and, if surrendered to the Warrant Agent, shall be promptly canceled by it. The Company may at any time deliver to the Trustee Warrant Agent for cancellation any Securities Warrants previously authenticated and delivered hereunder which 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 Warrants so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellationWarrant Agent. No Securities Warrants shall be authenticated in lieu of or in exchange for any Securities cancelled Warrants canceled as provided in this Section, except as expressly permitted by this IndentureAgreement. All cancelled Securities The Warrant Agent shall dispose of all canceled Warrants held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures and certification deliver a certificate of their such disposal delivered to the Company unless Company. The acquisition of any Warrants by Company Order the Company shall direct that cancelled Securities be returned not operate as satisfaction of the obligation represented thereby unless and until such Warrants are surrendered to itthe Warrant Agent for cancellation.
Appears in 3 contracts
Sources: Warrant Agreement (Swedish Export Credit Corp /Swed/), Warrant Agreement (Citigroup Inc), Warrant Agreement (Swedish Export Credit Corp /Swed/)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee and, if required in accordance with its customary procedures and certification writing by the Company, the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 3 contracts
Sources: Indenture (Union Planters Corp), Indenture (Provident Companies Inc /De/), Indenture (Provident Companies Inc /De/)
Cancellation. All Except as otherwise specified as contemplated by Section 301 for Securities of any series, 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 and, if not theretofore cancelled, shall be promptly cancelled by it. The Except as otherwise specified as contemplated by Section 301 for Securities of any series, the Company may at any time deliver to the Trustee for cancellation any Securities or coupons previously authenticated and delivered hereunder which that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (whatsoever or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which that the Company has not issued and sold, and all Securities or coupons so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities or coupons cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities or coupons held by the Trustee shall be disposed of by destroyed and the Trustee in accordance with its customary procedures and certification of their disposal delivered shall furnish an affidavit to the Company (setting forth the serial numbers of such Securities) attesting to such destruction unless by a Company Order the Company shall direct that the cancelled Securities or coupons be returned to it.
Appears in 3 contracts
Sources: Indenture (China Gerui Advanced Materials Group LTD), Indenture (China Security & Surveillance Technology, Inc.), Indenture (Headwaters Inc)
Cancellation. All Securities or coupons surrendered for payment, redemption, registration of transfer or exchange exchange, or for credit against any sinking fund payment, shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee and all Registered Securities and matured coupons so delivered shall be promptly cancelled by it. All Bearer Securities and unmatured coupons so delivered shall be held by the Trustee and shall be cancelled. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, whatsoever (including Securities received by the Company in exchange or payment for other Securities of the Company) and may deliver to the Trustee (or to any other Person 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 cancelled by the Trustee. If the The Company shall so acquire any of the Securitiesmay not reissue, howeveror issue new Securities to replace, such acquisition shall not operate as a redemption Securities it has paid or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted in the form of Securities for any particular series or as permitted by this Indenture. All cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification evidence of their disposal destruction delivered to the Company unless the Company directs, by Company Order Order, that the Company shall direct that Trustee deliver cancelled Securities be returned to itthe Company.
Appears in 3 contracts
Sources: Indenture (Litton Industries Inc), Indenture (Litton Industries Inc), Indenture (Litton Industries Inc)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee and, if required in accordance with its customary procedures and certification writing by the Company, the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 3 contracts
Sources: Indenture (Unumprovident Financing Trust Iii), Indenture (Provident Companies Inc /De/), Indenture (Unumprovident Financing Trust Iii)
Cancellation. All Unless otherwise provided with respect to a ------------ series of Securities, all Securities and Coupons surrendered for payment, redemption, registration of transfer or exchange shall, or for credit against any sinking fund payment shall if surrendered to the Company, or any Person other than agent of the TrusteeCompany, be delivered to the Trustee and all such Securities and Coupons so delivered shall be promptly cancelled by itthe Trustee. All Bearer Securities and Coupons held by the Trustee pending such cancellation shall be deemed to be delivered for cancellation for all purposes of this Indenture and the Securities. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 Promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Trustee may destroy, unless otherwise agreed to by the Company, all cancelled Securities held by the and Coupons and, in which case, Trustee shall be disposed deliver a certificate of by the Trustee in accordance with its customary procedures and certification of their disposal delivered such destruction to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.
Appears in 3 contracts
Sources: Multiple Series Indenture (Usx Capital Trust I), Multiple Series Indenture (Usx Corp), Multiple Series Indenture (Usx Capital Trust I)
Cancellation. All Securities and coupons 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, and any such Securities and coupons, and Securities and coupons surrendered directly to the Trustee and for any such purpose, shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itmanner.
Appears in 3 contracts
Sources: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled canceled by it and, if surrendered to the Trustee, shall be promptly canceled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuers 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled The Trustee shall dispose of all canceled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures and certification deliver a certificate of their such disposal delivered to the Company Issuers upon their request therefor. The acquisition of any Securities by the Issuers shall not operate as a redemption or satisfaction of the Indebtedness represented thereby unless by Company Order and until such Securities are surrendered to the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.
Appears in 2 contracts
Sources: Indenture (J C Penney Co Inc), Indenture (J C Penney Co Inc)
Cancellation. All Securities surrendered for payment, redemption, conversion, 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. All Securities so delivered and any Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee and such cancellation shall be noted conspicuously on each such Security. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All Unless the Company directs otherwise by a Company Order, all cancelled Securities held by the Trustee shall may be disposed of by destroyed, but the Trustee in accordance with its customary procedures and certification of their disposal delivered shall not be obligated to so destroy such Securities, and, if any such cancelled Security is destroyed, the Trustee shall furnish to the Company unless by Company Order the Company shall direct that cancelled Securities be returned a certificate with respect to itsuch destruction.
Appears in 2 contracts
Sources: Indenture (Eg&g Inc), Indenture (Eg&g Inc)
Cancellation. All Securities Notes 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 shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder 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 Notes previously authenticated hereunder which the Company has not issued and sold, and all Securities Notes so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities cancelled Notes canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities canceled Notes held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities canceled Notes be returned to it.
Appears in 2 contracts
Sources: Indenture (Insight Health Services Corp), Indenture (Burke Flooring Products Inc)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification practices and, if required in writing by the Company, the Trustee shall deliver a certificate of their disposal delivered such disposition to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 2 contracts
Sources: Indenture (Connecticut Southern Railroad Inc), Indenture (Connecticut Southern Railroad Inc)
Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the a Trustee, be delivered to one of the Trustee and Trustees. All Securities so delivered shall be promptly cancelled by itsuch Trustee. The Company Corporation may at any time deliver to one of the Trustee Trustees for cancellation any Securities previously authenticated and delivered hereunder which the Company Corporation may have acquired in any manner whatsoever, and may deliver to one of the Trustee Trustees (or to any other Person for delivery to one of the TrusteeTrustees) for cancellation any Securities previously authenticated hereunder which the Company Corporation has not issued and sold, and all Securities so delivered delivered, shall be promptly cancelled by the such Trustee. If the Company Corporation shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to one of the Trustee Trustees for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All Unless by Corporation Order the Corporation directs the return of any cancelled Securities held by the to it, each Trustee shall be disposed destroy all cancelled Securities and shall deliver its certificate of by the Trustee in accordance with its customary procedures and certification of their disposal delivered such destruction to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCorporation.
Appears in 2 contracts
Sources: Indenture (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise and all Coupons surrendered for payment or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled canceled by it and, if surrendered to the Trustee, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities or Coupons previously authenticated and delivered hereunder which 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 or Coupons so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities or Coupons shall be authenticated in lieu of or in exchange for any Securities cancelled or Coupons canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled The Trustee shall dispose of all canceled Securities and Coupons held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures and certification deliver a certificate of their such disposal delivered to the Company unless Company. The acquisition of any Securities or Coupons by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the indebtedness represented thereby unless and until such Securities be returned or Coupons are surrendered to itthe Trustee for cancellation.
Appears in 2 contracts
Sources: Indenture (Citigroup Funding Inc.), Indenture (Citigroup Funding Inc.)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 2 contracts
Sources: Indenture (Capstone Turbine Corp), Indenture (Capstone Turbine 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, and any such Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer 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 Issuer has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company Issuer shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Issuer, unless by Company an Issuer Order the Company shall direct that cancelled Securities be returned Issuer directs their return and such Issuer Order is received by the Trustee prior to itits cancellation.
Appears in 2 contracts
Sources: Indenture (Rait Investment Trust), Indenture (Rait Investment Trust)
Cancellation. All Securities surrendered for payment, redemption, purchase or repayment by the Company at the option of Holders, registration of transfer or exchange or conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of as directed by a Company Order (provided that in no event shall the Trustee in accordance with its customary procedures and certification of their disposal delivered be directed to destroy any such cancelled Securities) and, as directed by Company Order from time to time, the Trustee shall furnish to the Company unless by Company Order a certificate evidencing the Company shall direct that cancellation of cancelled Securities be returned to itSecurities.
Appears in 2 contracts
Sources: Subordinated Indenture (Inco LTD), Indenture (Inco LTD)
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, as well as Securities and coupons surrendered directly to the Trustee and for any such purpose, shall be promptly cancelled canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by or pursuant to this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered practices, subject to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.applicable law. <PAGE> 35
Appears in 2 contracts
Sources: Indenture (American General Finance Corp), Indenture (American General Finance Inc)
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 Trustee. All Securities and Coupons so delivered shall be promptly cancelled canceled by itthe Trustee. All Bearer Securities and unmatured Coupons held by the Trustee pending such cancellation shall be deemed to be delivered for cancellation for all purposes of this Indenture and the Securities. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 to the Trustee shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and Coupons held by the Trustee shall be disposed of in a manner selected by the Trustee in accordance with its customary procedures unless otherwise directed by a Company Order; PROVIDED, HOWEVER, that the Trustee may, but shall not be required to, destroy such canceled Securities and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCoupons.
Appears in 2 contracts
Sources: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company Partnership may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Partnership 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 Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company Partnership shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Partnership, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 2 contracts
Sources: Indenture (Bradley Operating L P), Indenture (Heritage Property Investment Trust Inc)
Cancellation. All Unless otherwise specified pursuant to Section 3.1 for Debt Securities of any series, all Debt Securities surrendered for payment, redemption, registration of transfer transfer, exchange or credit against any sinking fund surrendered for payment or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and Trustee. All Debt Securities so delivered shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder 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 Debt Securities previously authenticated hereunder which the Company has not issued and soldissued, and all Debt Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Debt Securities shall be authenticated in lieu of or in exchange for any Debt Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Debt Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification manner. The acquisition of their disposal delivered to the Company unless any Debt Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the indebtedness represented thereby unless and until such Debt Securities are surrendered to the Trustee for cancellation. Permanent Global Notes shall not be returned to itdisposed of until exchanged in full for definitive Debt Securities or until payment thereon is made in full.
Appears in 2 contracts
Sources: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc)
Cancellation. All Unless otherwise provided with respect to a Series of Securities, all Securities surrendered for payment, redemption, registration of transfer transfer, exchange, repayment or exchange redemption shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities so delivered or surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company Either of the Applicable Issuer and, in the case of Guaranteed Securities, the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer or the Guarantor, as the case may be, 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this IndentureIndenture or such Securities. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its the Trustee's customary procedures procedures, and certification the Trustee shall deliver a certificate of their disposal delivered such disposition to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itIssuer.
Appears in 2 contracts
Sources: Indenture (Wal Mart Cayman Sterling Finance Co), Indenture (Wal Mart Cayman Sterling Finance Co)
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 shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.
Appears in 2 contracts
Sources: Guarantee Agreement (Tyco International LTD /Ber/), Guarantee Agreement (Tyco International LTD /Ber/)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 2 contracts
Sources: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Trinet Corporate Realty Trust Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange 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 all Registered Securities so delivered shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, whatsoever (including Securities received by the Company in exchange or payment for other Securities of the Company) 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 to the Trustee shall be promptly cancelled canceled by the Trustee. If the The Company shall so acquire any of the Securitiesmay not reissue, howeveror issue new Securities to replace, such acquisition shall not operate as a redemption Securities it has paid for or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification evidence of their disposal destruction delivered to the Company unless the Company directs by Company Order that the Company shall direct that cancelled Trustee deliver canceled Securities be returned to itthe Company.
Appears in 2 contracts
Cancellation. All Securities and coupons 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, and any such Securities and coupons and any Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire acquires any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary standard practices and procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company unless by the Company delivers a Company Order the Company shall direct that cancelled Securities be returned which directs their return to it.
Appears in 2 contracts
Sources: Indenture (Security Capital U S Realty), Indenture (Security Capital U S Realty)
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 Trustee. All Securities and coupons so delivered shall be promptly cancelled canceled by itthe Trustee. All Securities and coupons held by the Trustee pending such cancellation shall be deemed to be delivered for cancellation for all purposes of this Indenture and the Securities. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary standard procedures and certification the Trustee shall furnish a certificate of their disposal delivered such disposition to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.
Appears in 2 contracts
Sources: Indenture (Scripps E W Co /De), Indenture (Scripps E W Co /De)
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 shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, then, unless provided otherwise in a supplemental indenture, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.
Appears in 2 contracts
Sources: Indenture (Baytex Energy LTD), Indenture (Baytex Energy LTD)
Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange conversion 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, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company Issuer or the Guarantor (if the Security is a Guaranteed Security) may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer or the Guarantor (if the Security is a Guaranteed Security) 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 cancelled promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification in effect regarding the disposition of their disposal delivered to cancelled Securities as of the Company date of such disposition, unless by Company an Issuer Order or Guarantor Order the Company shall direct that cancelled Securities be returned Issuer or the Guarantor, as the case may be, directs their return to it.
Appears in 2 contracts
Sources: Indenture (Reckson Associates Realty Corp), Indenture (Reckson Operating Partnership Lp)
Cancellation. All Securities Notes 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 shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder 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 Notes previously authenticated hereunder which the Company has not issued and sold, and all Securities Notes so delivered shall be promptly cancelled canceled by the Trustee. If Subject to the first sentence of this Section 310, if the Company shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness Indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities cancelled Notes canceled as provided in this SectionSection 309, except as expressly permitted by this Indenture. All cancelled Securities canceled Notes held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.
Appears in 2 contracts
Sources: Indenture (Xerox Corp), Indenture (Xerox Corp)
Cancellation. All Securities surrendered for payment, redemption, repayment, registration of transfer 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 and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of destroyed unless otherwise directed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.
Appears in 2 contracts
Sources: Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)
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 shall be promptly cancelled canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures destroyed and certification of their disposal destruction delivered to the Company Company, unless by Company an Order the Company shall direct that cancelled canceled Securities be returned to it. The repayment of any principal amount of Securities pursuant to such option of the Holder to require repayment of Securities before their Stated Maturity, for purposes of this Section 309, shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, at its option, shall deliver or surrender the same to the Trustee with an Order that such Securities be canceled.
Appears in 2 contracts
Sources: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc)
Cancellation. All Securities and coupons 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, and any such Securities and coupons, and Securities and coupons surrendered directly to the Trustee and for any such purpose, shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification upon Company request, the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 2 contracts
Sources: Subordinated Note Indenture (Avnet Inc), Senior Note Indenture (Avnet Inc)
Cancellation. All Securities and coupons 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, and any such Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of retained by the Trustee in accordance with its customary procedures and certification the record retention requirements of their disposal delivered to the Exchange Act. The Company unless by Company Order may direct the Company shall direct that cancelled Securities be returned Trustee to itdeliver a certificate of such cancellation to the Company.
Appears in 2 contracts
Sources: Subordinated Debt Indenture (Northwest Bancshares, Inc.), Indenture (Northwest Bancshares, Inc.)
Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer transfer, exchange or credit against any sinking fund or otherwise and all Coupons surrendered for payment or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled canceled by it or, if surrendered to the Trustee, shall be promptly canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities or Coupons previously authenticated and delivered hereunder which 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 or Coupons so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities or Coupons shall be authenticated in lieu of or in exchange for any Securities cancelled or Coupons canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled The Trustee shall dispose of all canceled Securities and Coupons held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures and certification deliver a certificate of their such disposal delivered to the Company unless Company. The acquisition of any Securities or Coupons by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the indebtedness represented thereby unless and until such Securities be returned or Coupons are surrendered to itthe Trustee for cancellation.
Appears in 2 contracts
Sources: Indenture (Citigroup Inc), Indenture (Citigroup 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 shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.
Appears in 2 contracts
Sources: Euro Securities Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the procedures. The Company unless by Company Order may direct the Company shall direct that cancelled Securities be returned Trustee to itdeliver a certificate of such destruction to the Company.
Appears in 2 contracts
Sources: Indenture (Medallion Financial Corp), Indenture (Medallion Financial Corp)
Cancellation. All Securities and coupons 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, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 2 contracts
Sources: Indenture (Viacom Inc), Indenture (Viacom Inc)
Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking find 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 and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.
Appears in 2 contracts
Sources: Indenture (Capital Lease Funding Inc), Indenture (Friedman Billings Ramsey Group Inc)