Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. 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 thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 37 contracts
Sources: Subordinated Indenture (Eplus Inc), Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer transfer, exchange, or exchange or for credit against any a sinking or analogous fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelledcanceled, 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. Acquisition of such Securities by the Company shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are delivered to the Trustee for cancellation. No Securities Security 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 Securities held by the The Trustee shall be disposed dispose of as directed by all canceled Securities in accordance with its customary procedures and deliver a Company Order, and the Trustee shall thereafter deliver certificate of such disposition to the Company a certificate with respect to such depositionCompany.
Appears in 31 contracts
Sources: Indenture (PepsiCo Singapore Financing I Pte. Ltd.), Indenture (Nymox Pharmaceutical Corp), Indenture (Nymox Pharmaceutical Corp)
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, if not already cancelledfor 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. 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 as directed destroyed by the Trustee, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.
Appears in 29 contracts
Sources: Indenture (Inmc Mortgage Holdings Inc), Indenture (Ace LTD), Indenture (Bay View Capital Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and 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. 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 Orderin accordance with its customary procedures, and the Trustee shall thereafter deliver to the Company Partnership a certificate with respect to such depositiondisposition.
Appears in 18 contracts
Sources: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Subordinated Indenture (Inergy L P)
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, if not already cancelled, 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. 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 in accordance with its customary procedures as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondisposition.
Appears in 16 contracts
Sources: Indenture (Verb Technology Company, Inc.), Indenture (Tevogen Bio Holdings Inc.), Indenture (EyePoint Pharmaceuticals, Inc.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. 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 Orderin accordance with its customary procedures, and the Trustee shall thereafter thereafter, from time to time upon written request, deliver to the Company a certificate with respect to such depositiondisposition.
Appears in 14 contracts
Sources: Indenture (SouthState Corp), Indenture (SouthState Corp), Indenture (Community West Bancshares)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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 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 so delivered shall be promptly cancelled by the Trustee. 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 as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositionits customary procedures.
Appears in 13 contracts
Sources: Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)
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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 Issuers have not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 an Issuer Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.
Appears in 10 contracts
Sources: Indenture (American Natural Soda Ash Corp.), Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, Trustee. All Securities so delivered 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 to the Trustee shall be promptly cancelled by the Trustee. 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 in accordance with the Trustee’s customary procedure unless otherwise directed by a Company Order; provided, and however, that the Trustee may, but shall thereafter deliver to the Company a certificate with respect to not be required to, destroy such depositioncancelled Securities.
Appears in 10 contracts
Sources: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp), Senior Indenture (Lincoln National Corp)
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, if not already cancelledfor 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. 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 as directed destroyed by the Trustee, unless by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect directs their return to such depositionit.
Appears in 9 contracts
Sources: Indenture Agreement (RJE Telecom of California, Inc.), Indenture Agreement (RJE Telecom of California, Inc.), Indenture (Meridian Bioscience 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, if not already cancelled, and 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. 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, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncancelled Securities.
Appears in 8 contracts
Sources: Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Corporation 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 Corporation has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 in its customary manner or as directed by a Company Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.
Appears in 7 contracts
Sources: Subordinated Indenture (SOUTHERN CALIFORNIA EDISON Co), Subordinated Indenture (Edison International), Subordinated Indenture (Sce Trust I)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. 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 Until directed otherwise by a Company Order, all cancelled Securities held by the Trustee shall be disposed of conspicuously marked as directed such and thereafter treated in accordance with the Trustee’s document retention policies; provided, however, if any cancelled Security is destroyed by a Company Orderthe Trustee, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondestruction.
Appears in 7 contracts
Sources: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Marathon Petroleum Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 so delivered shall be promptly cancelled by the Trustee. 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 or as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 7 contracts
Sources: Indenture (TotalEnergies Capital), Indenture (Blount International Inc), Indenture (Bp PLC)
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, if not already cancelledfor 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. 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 as directed destroyed by the Trustee, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.
Appears in 6 contracts
Sources: Junior Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD), Indenture (Partnerre 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 and, if not already cancelled, and shall be promptly cancelled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Corporation 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 Corporation has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 Until directed otherwise by a Corporation Order, all cancelled Securities held by the Trustee shall be disposed of conspicuously marked as directed by a Company Ordersuch and, and if destroyed, the Trustee shall thereafter deliver to the Company Corporation a certificate with respect to such depositiondestruction.
Appears in 5 contracts
Sources: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)
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, if not already cancelled, 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. 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 in accordance with its customary procedures as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 5 contracts
Sources: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc), Indenture (Flir Systems Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer transfer, exchange, or exchange or for credit against any a sinking or analogous fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelledcanceled, 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. Acquisition of such Securities by the Company shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are delivered to the Trustee for cancellation. No Securities Security shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 3.09, except as expressly permitted by this Indenture. All cancelled Securities held by the The Trustee shall be disposed dispose of as directed by all canceled Securities in accordance with its customary procedures and deliver a Company Order, and the Trustee shall thereafter deliver certificate of such disposition to the Company a certificate with respect to such depositionCompany.
Appears in 5 contracts
Sources: Indenture (ITT Corp), Indenture (Exelis Inc.), Indenture (Xylem Inc.)
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, if not already cancelledfor 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. 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 as directed destroyed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositioncustomary procedures.
Appears in 5 contracts
Sources: Indenture (KKR Financial Holdings LLC), Indenture (KKR Financial Holdings IV, LLC), Indenture (KKR Financial Holdings IV, LLC)
Cancellation. All Securities surrendered for payment, redemption, repayment, registration of transfer or exchange or for credit against any sinking fund payment shallpayment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and, if not already cancelled, for any such purpose shall be promptly cancelled by it. The Company Issuers and the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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 so delivered shall be promptly cancelled by the TrusteeTrustee at the direction of the Issuers. No Securities 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 cancelled by it in its customary manner and it shall dispose of canceled Securities in accordance with its procedures for the disposition of canceled securities in effect as directed by a Company Order, and of the Trustee shall thereafter deliver date of such disposition (subject to the Company a certificate with respect to such depositionrecord retention requirements of the Exchange Act).
Appears in 4 contracts
Sources: Indenture (CareTrust REIT, Inc.), Indenture (Renee Avenue Health Holdings LLC), Indenture (Sabra Health Care REIT, 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, if not already cancelled, 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. 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, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 4 contracts
Sources: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Oakwood Homes Corp)
Cancellation. All Securities Debentures 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, if not already cancelled, and promptly shall be promptly cancelled canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities Debentures 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 Debentures previously authenticated hereunder which the Company has not issued and sold, and all Securities Debentures so delivered promptly shall be promptly cancelled canceled by the Trustee. No Securities Debentures shall be authenticated in lieu of or in exchange for any Securities cancelled Debentures canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities canceled Debentures held by the Trustee shall be disposed of as directed by a Company Order, and ; provided that the Trustee shall thereafter deliver not be required to destroy the Company a certificate with respect to such depositioncertificates representing the canceled Debentures.
Appears in 4 contracts
Sources: Indenture (Insignia Financing I), Indenture (Wabash National Corp /De), Indenture (Qualicomm Financial Trust I)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, 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 securities so delivered shall be promptly cancelled canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Sectionsection, 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, and which shall be effected consistent with such Company Order in accordance with the standard procedures of the Trustee. The Trustee shall thereafter deliver a certificate of each such disposal to the Company a certificate with respect to such depositionCompany.
Appears in 4 contracts
Sources: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Capital Trust I), Indenture (Goodyear Capital Trust I)
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, if not already cancelledfor any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 cancelled promptly cancelled by the Trustee. 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 as directed destroyed by a Company Orderthe Trustee, and unless by an Issuer Order the Trustee shall thereafter deliver Issuers directs their return to the Company a certificate with respect to such depositionit.
Appears in 4 contracts
Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)
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, if not already cancelledfor any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 cancelled promptly cancelled by the Trustee. 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 as directed destroyed by a Company Orderthe Trustee, and unless by an Issuer Order the Trustee shall thereafter deliver Issuers direct their return to the Company a certificate with respect to such depositionit.
Appears in 4 contracts
Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company or any Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or any 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 so delivered shall be promptly cancelled by the Trustee. 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 in accordance with the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionTrustee’s customary procedures.
Appears in 4 contracts
Sources: Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC), Subordinated Indenture (Medtronic Inc)
Cancellation. All Securities surrendered for payment, redemption, conversion, exchange, 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, if not already cancelled, 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. 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 Until directed otherwise by a Company Order, all cancelled Securities held by the Trustee shall be disposed of conspicuously marked as directed such and thereafter treated in accordance with the Trustee’s document retention policies; provided, however, if any cancelled Security is destroyed by a Company Orderthe Trustee, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondestruction.
Appears in 4 contracts
Sources: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by itcanceled. The Company may may, at any time 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. 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 in its customary manner or as directed by a Company Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.
Appears in 4 contracts
Sources: Indenture (Maverick Tube Corporation), Indenture (Maverick Tube Corporation), Senior Indenture (Maverick Tube Corporation)
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, if not already cancelled, and shall be promptly cancelled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 Issuers have not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 Securities held by the Trustee shall be disposed of as directed by a Company Order, and the in accordance with its customary procedures. The Trustee shall thereafter deliver provide the Issuers a list of all Securities that have been cancelled from time to time as requested by the Company a certificate with respect to such depositionIssuers.
Appears in 4 contracts
Sources: Indenture (Directv), Indenture (Directv), Indenture (Directv Holdings LLC)
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, if not already cancelled, 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. 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 held by the Trustee shall be disposed of as directed by a Company Order, and the in accordance with its customary procedures. The Trustee shall thereafter deliver to provide the Company a certificate with respect list of all Securities that have been cancelled from time to such depositiontime as requested by the Company.
Appears in 4 contracts
Sources: Indenture (Chevron Corp), Indenture (Chevron Usa Inc), Indenture (Lindblad Expeditions Holdings, Inc.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 so delivered shall be promptly cancelled by the Trustee. 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 in accordance with its normal procedures unless otherwise directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 4 contracts
Sources: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD), Indenture Agreement (Platinum Underwriters Holdings 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 and, if not already cancelled, 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. 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 Orderin accordance with its customary procedures, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondisposition.
Appears in 4 contracts
Sources: Indenture (El Paso Natural Gas Co), Indenture (El Paso Energy Capital Trust I), Indenture (El Paso Energy Capital Trust Iii)
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, if not already cancelledfor 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. 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 as directed by returned to the Company pursuant to a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 3 contracts
Sources: Indenture (Cox Radio Inc), Indenture (Cox Radio Inc), Indenture (Cox Radio Inc)
Cancellation. All Debt Securities and Coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund or analogous payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Issuer or any Guarantor may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder and Coupons which the Company Issuer or any 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 all Debt Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Coupons so delivered shall be promptly cancelled canceled by the Trustee. No Debt Securities shall be authenticated in lieu of or in exchange for any Debt Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Debt Securities held and Coupons to be canceled by the Trustee shall be marked “Canceled” and shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionin its customary manner.
Appears in 3 contracts
Sources: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)
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, if not already cancelled, and 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. 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 in accordance with the Trustee shall thereafter deliver Trustee’s customary procedures (subject to the Company a certificate with respect to such depositionrecord retention requirements of the Exchange Act).
Appears in 3 contracts
Sources: Indenture (Transocean RIGP DIN Opco LTD), Indenture (Sally Investment Holdings LLC), Indenture (Sally Investment Holdings LLC)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 so delivered shall be promptly cancelled by the Trustee. 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 thereafter deliver to the Company a certificate in accordance with respect to such depositionits customary procedures.
Appears in 3 contracts
Sources: Indenture (Nomura America Finance, LLC), Indenture (Nomura America Finance, LLC), Indenture (American International Group Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled 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 by the Trustee. 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 Orderin accordance with its customary procedures, and the Trustee shall thereafter deliver to the Company Partnership a certificate with respect to such depositiondisposition.
Appears in 3 contracts
Sources: Subordinated Indenture (Buckeye Partners, L.P.), Indenture (Buckeye Partners L P), Indenture (Buckeye Partners L P)
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, if not already cancelled, shall be promptly cancelled canceled by it. The Company may at any time Corporation shall deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Corporation 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 Corporation has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 canceled Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver in accordance with its customary procedures and certification of their disposal delivered to the Company a certificate with respect Corporation unless by Corporation Order the Corporation shall direct that canceled Securities be returned to such depositionit.
Appears in 3 contracts
Sources: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.), Indenture (Agrium Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it; provided, however, that if surrendered to any Authenticating Agent, such Securities shall be promptly cancelled by such Authenticating Agent and forwarded to the 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. 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 ; provided that the Trustee shall thereafter deliver not be required to dispose of securities in a manner deemed impracticable by the Company a certificate with respect to such depositionTrustee.
Appears in 3 contracts
Sources: Indenture (Tribune Co), Trust Indenture (Tribune Co), Indenture (Tribune Co)
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 TrusteeTrustee or the Security Registrar, be delivered to the Trustee andor the Security Registrar, if not already cancelled, and any such Securities and Securities 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 TrusteeTrustee or the Security Registrar, as the case 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 3.01. All cancelled Securities held by the Trustee shall be disposed of as directed retained by a Company Order, and the Trustee and disposed in accordance with its customary practices. The Trustee upon written request shall thereafter deliver to promptly notify the Company a certificate with respect to such depositionof all cancelled Securities.
Appears in 3 contracts
Sources: Subordinated Indenture (BNC Bancorp), Subordinated Indenture (Eagle Bancorp Inc), Subordinated Indenture (Eagle Bancorp 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, if not already cancelled, 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 and Coupons so delivered shall be promptly cancelled by the Trustee. No Securities or Coupons 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 and Coupons held by the Trustee shall be disposed of as directed destroyed by the Trustee, unless by a Company OrderOrder the Company directs their return to it, and the Trustee a certificate evidencing such destruction shall thereafter deliver be delivered to the Company a certificate with respect to such depositionCompany.
Appears in 3 contracts
Sources: Indenture (Questar Pipeline Co), Indenture (Questar Market Resources Inc), Indenture (Questar Market Resources Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Corporation or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Corporation 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 Corporation has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 Guarantor Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.
Appears in 3 contracts
Sources: Senior Indenture (Sempra Energy), Senior Indenture (Sempra Energy Global Enterprises), Senior Indenture (Sempra Energy Global Enterprises)
Cancellation. All Securities surrendered for payment, redemptionpurchase, conversion, redemption or registration of transfer or exchange or for credit against any sinking fund payment the Securities shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid for or delivered to the Trustee for cancellation or that any Holder has converted pursuant to Article 11 hereof. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 2.10, 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, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositionits customary procedures.
Appears in 3 contracts
Sources: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/), Indenture (Nabors Industries Inc)
Cancellation. All Securities surrendered for payment, redemption-------------------------- purchase by the Company pursuant to Article 3, conversion, redemption or registration of transfer or 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, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation or that any Holder has converted pursuant to Article 11. 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 thereafter deliver to in accordance with the Company a certificate with respect to such depositionTrustee's customary procedure.
Appears in 3 contracts
Sources: Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc), Indenture (Kohls Corporation)
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, if not already cancelledfor 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. 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 as directed destroyed by the Trustee in accordance with its customary procedures, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.
Appears in 3 contracts
Sources: Senior Subordinated Indenture (Kb Home), Subordinated Indenture (Kb Home), Indenture (Kb Home)
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, if not already cancelledfor 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. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Sectionsection, except as expressly permitted by or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of as directed destroyed by the Trustee, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.
Appears in 3 contracts
Sources: Indenture (Convergys Corp), Indenture (Mgic Investment Corp), Indenture (Mgic Investment Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against or any sinking fund payment Offer to Purchase pursuant to Section 10.19 or 10.21 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. 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 destroyed in accordance with the Trustee's customary procedures unless by a Company OrderOrder the Company shall direct that cancelled Securities be returned to it or a certification of their destruction delivered to the Company. If the Company shall acquire any Securities, such acquisition shall not operate as a redemption or satisfaction of indebtedness unless and until the same are delivered to the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionfor cancellation.
Appears in 3 contracts
Sources: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)
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, if not already cancelledfor 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. 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 as directed by a Company Orderin accordance with its customary practices, and the Trustee shall thereafter deliver subject to the Company a certificate with respect to such depositionapplicable law.
Appears in 3 contracts
Sources: Indenture (Old National Bancorp /In/), Subordinated Indenture (Onb Capital Trust Vi), Indenture (Onb Capital Trust Vi)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 so delivered shall be promptly cancelled by the Trustee. 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 or in the Trustee shall thereafter deliver to absence of such Company Order in accordance with the Company a certificate with respect to such depositionTrustee’s customary practices.
Appears in 3 contracts
Sources: Indenture (Rinker Group LTD), Indenture (Rinker Group LTD), Indenture (Rinker Group LTD)
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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 Issuers have not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 OrderRequest; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.
Appears in 3 contracts
Sources: Senior Debt Indenture (Jefferies Group Capital Finance Inc.), Subordinated Debt Indenture (Jefferies Group Capital Finance Inc.), Senior Debt Indenture (Jefferies Group Capital Finance Inc.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities, as well as Securities surrendered directly to the Trustee and, if not already cancelledfor any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company or the 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 that the Company has not issued and sold, and all Securities so delivered shall be cancelled promptly cancelled by the Trustee. 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 held by the Trustee shall be disposed of as directed cancelled by the Trustee in accordance with its customary practice, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.
Appears in 3 contracts
Sources: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)
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, if not already cancelled, and shall be promptly cancelled by itit in accordance with its customary procedures. 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. 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 a Company OrderOrder in accordance with the Trustee’s customary procedure; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncancelled Securities.
Appears in 3 contracts
Sources: Senior Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Senior Debt Indenture (Intercontinental Exchange, Inc.)
Cancellation. All Securities surrendered for payment, redemptionpurchase, conversion, redemption or registration of transfer or exchange or for credit against any sinking fund payment the Securities shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid for or delivered to the Trustee for cancellation or that any Holder has converted pursuant to Article 11. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 2.10, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of as directed destroyed by a Company Orderthe Trustee and, and following such destruction, the Trustee shall thereafter deliver a certificate of destruction to the Company, unless the Company a certificate with respect directs by the Company Order that the Trustee deliver canceled Securities to such depositionthe Company.
Appears in 3 contracts
Sources: Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp)
Cancellation. All of the Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which 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 Issuers have not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionin its customary manner.
Appears in 3 contracts
Sources: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp), Indenture (Amerigas Partners Lp)
Cancellation. All Securities surrendered for payment, redemption, purchase, 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, if not already cancelled, 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. 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, Order and otherwise shall be treated in accordance with the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionTrustee's document retention policies.
Appears in 3 contracts
Sources: Subordinated Indenture (Quanta Services Inc), Senior Indenture (Quanta Services Inc), Subordinated Indenture (Quanta Services Inc)
Cancellation. All Securities or 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, if not already cancelled, and all Registered Securities and matured coupons so delivered shall be promptly cancelled canceled by it. All Bearer Securities and unmatured coupons so delivered shall be canceled. 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 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. 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 destroyed and a certificate of as directed by a Company Order, and the Trustee shall thereafter deliver destruction provided to the Company a certificate with respect to such depositionCompany.
Appears in 3 contracts
Sources: Indenture (Times Mirror Co /New/), Indenture (Times Mirror Co /New/), Indenture (Times Mirror Co /New/)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company and the 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 not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 3 contracts
Sources: Indenture Agreement (PROCTER & GAMBLE Co), Indenture (Procter & Gamble International Funding SCA), Indenture (Procter & Gamble International Funding SCA)
Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer or transfer, exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be promptly delivered to the Trustee, and any such Securities and Coupons, as well as Securities and Coupons surrendered directly to the Trustee and, if not already cancelledfor 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. 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 as directed by the Trustee in accordance with its customary procedures, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.
Appears in 3 contracts
Sources: Indenture (WPC Eurobond B.V.), Indenture (W. P. Carey Inc.), Indenture (American Honda Finance Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment conversion shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 so delivered shall be promptly cancelled canceled by the Trustee. 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 practices or as directed by a Company Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.
Appears in 2 contracts
Sources: Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.V.)
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, if not already cancelled, 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 and Coupons so delivered shall be promptly cancelled by the Trustee. No Securities or Coupons 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 held by the Trustee and Coupons shall be disposed of as directed by a Company Order, and the Trustee in accordance with the Trustee’s policy of disposal of cancelled securities or shall thereafter deliver be delivered to the Company a certificate with respect to such depositionupon the Company’s written request.
Appears in 2 contracts
Sources: Indenture (Twenty-First Century Fox, Inc.), Indenture (News Corp)
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, if not already cancelled, 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. 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 in its customary manner. The Trustee shall thereafter deliver to provide the Company with a certificate with respect list of all Securities that have been cancelled from time to such depositiontime as requested in writing by the Company.
Appears in 2 contracts
Sources: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/)
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 and, if not already cancelled, 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. 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, and HOWEVER, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncancelled Securities.
Appears in 2 contracts
Sources: Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital 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 andTrustee. All Securities so delivered, if not already cancelledtogether with the Senior Guarantees endorsed thereon, 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 delivered, together with the Senior Guarantees endorsed thereon, shall be promptly cancelled by the Trustee. 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 Trustee, together with the Senior Guarantees endorsed thereon, shall be disposed of as directed by a Company Order, and ; provided that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositionSecurities.
Appears in 2 contracts
Sources: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. 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 thereafter deliver to the Company a certificate with respect to such depositiondisposition.
Appears in 2 contracts
Sources: Subordinated Indenture (Speed Commerce, Inc.), Indenture (Speed Commerce, Inc.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or transfer, 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 and, if not already cancelled, or the Security Registrar. Any such Securities and Securities 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 . All Securities so delivered shall be promptly cancelled by the TrusteeTrustee or the Security Registrar, as the case 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 The Trustee shall dispose of cancelled Securities held by in accordance with its procedures for the Trustee disposition of cancelled securities in effect as of the date of such disposition, and certification of the disposition of all cancelled Notes shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver delivered to the Company a certificate with respect to such depositionupon cancellation upon request.
Appears in 2 contracts
Sources: Subordinated Indenture (Firstmerit Corp /Oh/), Subordinated Indenture (Firstmerit Corp /Oh/)
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, if not already cancelledfor 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. 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 as directed by the Trustee in its customary manner, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.
Appears in 2 contracts
Sources: Indenture (Jabil Circuit Inc), Indenture (Jabil Circuit Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company Operating Partnership may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Operating 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 Operating Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 an Operating Partnership Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncancelled Securities.
Appears in 2 contracts
Sources: Indenture Agreement (Vornado Realty Trust), Indenture (Vornado Realty Trust)
Cancellation. All Securities surrendered for payment, redemptionpurchase by the Company pursuant to Article 3 hereof, conversion, redemption or registration of transfer or 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, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation or that any Holder has converted pursuant to Article 11 hereof. 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 thereafter deliver to in accordance with the Company a certificate with respect to such depositionTrustee's customary procedures.
Appears in 2 contracts
Sources: Indenture (Selective Insurance Group Inc), Indenture (RPM International Inc/De/)
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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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. 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; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.
Appears in 2 contracts
Sources: Senior Debt Indenture (Goldman Sachs Group Inc), Senior Debt Indenture (Goldman Sachs Capital V)
Cancellation. All Securities surrendered for payment, redemption--------------------------- purchase by the Company pursuant to Article 3, conversion, redemption or registration of transfer or 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, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation or that any Holder has converted pursuant to Article 11. 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 thereafter deliver to in accordance with the Company a certificate with respect to such depositionTrustee's customary procedure.
Appears in 2 contracts
Sources: Indenture (Marriott International Inc /Md/), Indenture (Danaher Corp /De/)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer transfer, exchange, or exchange or for credit against any a sinking or analogous fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelledcanceled, 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. Acquisition of such Securities by the Company shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are delivered to the Trustee for cancellation. No Securities Security shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 3.09, except as expressly permitted by this Indenture. All cancelled Securities held by the The Trustee shall be disposed dispose of as directed by all canceled Securities in accordance with its customary procedures and at the Company’s written request, deliver a Company Order, and the Trustee shall thereafter deliver certificate of such disposition to the Company a certificate with respect to such depositionCompany.
Appears in 2 contracts
Sources: Subordinated Indenture (Xylem Inc.), Senior Indenture (Xylem Inc.)
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, if not already cancelledfor 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. 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 or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of as directed by the Trustee in its customary manner, unless by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect directs their return to such depositionit.
Appears in 2 contracts
Sources: Indenture (Cit Group Inc), Indenture (Cit Group Inc)
Cancellation. All Unless otherwise provided with respect ------------- to a series of Securities, all Securities and coupons surrendered for payment, redemption, registration of transfer transfer, exchange, repayment or exchange or for credit against any sinking fund payment 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, if not already cancelled, 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. 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 or coupons held by the Trustee shall be disposed of as directed by a Company Order, the Trustee in accordance with its customary procedures and the Trustee shall thereafter deliver a certificate of such disposition to the Company a certificate with respect to such depositionCompany.
Appears in 2 contracts
Sources: Indenture (National Commerce Bancorporation), Indenture (National Commerce Bancorporation)
Cancellation. All Securities surrendered for payment, redemption, repayment, registration of transfer or exchange or for credit against any sinking fund payment shallpayment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and, if not already cancelled, for any such purpose shall be promptly cancelled by it. The Company Issuer or the Guarantors 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 has not issued and sold, and all Securities so delivered shall be promptly cancelled by the TrusteeTrustee at the direction of the Issuer. No Securities 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 cancelled by it in its customary manner and it shall dispose of canceled Securities in accordance with its procedures for the disposition of canceled securities in effect as directed by a Company Order, and of the Trustee shall thereafter deliver date of such disposition (subject to the Company a certificate with respect to such depositionrecord retention requirements of the Exchange Act).
Appears in 2 contracts
Sources: Indenture (Perrigo Finance PLC), Indenture (Perrigo Finance PLC)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. 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 otherwise directed by a Company Order, delivery of which must be delivered in a timely manner to prevent such destruction, all cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its procedures for the disposition of cancelled securities as directed by a Company Orderin effect on the date of such disposition, and the Trustee shall thereafter deliver a certificate of such disposition to the Company. Notwithstanding the foregoing, the Company a certificate with respect may not issue new Securities to such depositionreplace Securities that it has paid, redeemed or repurchased or that have been delivered to the Trustee for cancellation or that any Holder of Securities has submitted for redemption pursuant to Article IX hereof.
Appears in 2 contracts
Sources: Junior Subordinated Debt Securities Indenture (Travelers Property Casualty Corp), Junior Subordinated Debt Securities Indenture (Travelers Property Casualty Corp)
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, if not already cancelled, 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. 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 in accordance with the Trustee’s then customary procedures. If requested by the Company, certification of as directed by a Company Order, and the Trustee disposition of all cancelled Securities shall thereafter deliver be delivered to the Company a certificate with respect to such depositionCompany.
Appears in 2 contracts
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and 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 that 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 that the Company Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 Orderin accordance with its customary practices, and the Trustee shall thereafter deliver to the Company Partnership a certificate with respect to such depositiondisposition from time to time upon written request.
Appears in 2 contracts
Sources: Indenture (Sanchez Production Partners LP), Indenture (Sanchez Production Partners LP)
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, if not already cancelled, 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. 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 canceled Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositionits customary practice.
Appears in 2 contracts
Sources: Indenture (Health Management Associates Inc), Indenture (Health Management Associates Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Companies may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which either of the Company Companies 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 Companies have not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for or 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 (i) disposed of as directed by a Company Order, and the Trustee in accordance with its standard procedures and, upon the Companies’ written request, a certificate of disposition of the Securities and coupons shall thereafter deliver be provided to the Company a certificate with respect Companies by the Trustee or (ii) returned to such depositionthe Companies upon its request.
Appears in 2 contracts
Sources: Indenture (Genpact LTD), Indenture (Genpact Luxembourg S.a.r.l.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company and the 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 not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 by the Trustee in accordance with its customary procedure, unless otherwise directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 2 contracts
Sources: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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 in accordance with its customary procedures. The Company by a Company Order, and Order may direct the Trustee shall thereafter to deliver a certificate of such destruction to the Company a certificate with respect to such depositionCompany.
Appears in 2 contracts
Sources: Indenture (Investar Holding Corp), Indenture (Investar Holding Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it; provided, however, that if surrendered to any Authenticating Agent, such Securities shall be promptly cancelled by such Authenticating Agent and forwarded to the 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. 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 ; provided that the Trustee shall thereafter deliver not be required to dispose of Securities in a manner deemed impracticable by the Company a certificate with respect to such depositionTrustee.
Appears in 2 contracts
Sources: Indenture (Argyle Television Inc), Indenture (Argyle Television Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the TrusteeSecurity Registrar, be delivered to the Trustee and, if not already cancelled, Security Registrar and shall be promptly cancelled by it. The Company may at any time deliver to the Security Registrar, or if the Company is acting in such capacity to the Trustee or the Authenticating Agent, for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, 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 TrusteeSecurity Registrar, the Trustee or the Authenticating 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 cancelled Securities held by the Security Registrar, the Trustee or the Authenticating Agent shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 2 contracts
Sources: Indenture (Boise Cascade Trust Iii), Indenture (Boise Cascade Trust Iii)
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, if not already cancelled, and shall be promptly cancelled by it. The Company Trust or the Corporation, as the case may be, may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the such 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 such Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 2 contracts
Sources: Indenture (Starwood Lodging Trust), Indenture (Starwood Lodging Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and any such Securities delivered to the Trustee for any purpose shall be promptly cancelled canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that 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 that the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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, in accordance with its customary practices and the Trustee shall thereafter deliver to the Company a certificate with respect to of such depositiondisposition.
Appears in 2 contracts
Sources: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management 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, if not already cancelledfor 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. 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 as directed by the Trustee in its customary manner, unless by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect directs their return to such depositionit.
Appears in 2 contracts
Sources: Indenture (Cit Group Inc), Indenture (Cit Group Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company and/or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company either of them 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 that have not been issued and or sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 thereafter deliver to the Company a certificate with respect to such depositionRequest.
Appears in 2 contracts
Sources: Indenture (Berkshire Hathaway Inc), Indenture (Berkshire Hathaway Inc)
Cancellation. All Unless otherwise provided with respect to a series of Debt Securities, all Debt Securities and coupons surrendered for payment, redemption, registration of transfer or repayment, transfer, exchange or for credit against any sinking fund payment pursuant to this Indenture, shall, if surrendered to the Company or any Person other than agent of the TrusteeCompany, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled by it. 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 Securities previously authenticated hereunder which the Company has not issued and sold, and all Debt Securities so delivered shall be promptly cancelled by the Trustee. 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 and coupons held by the Trustee shall be disposed of as directed by the Trustee in its customary manner and certification of their disposal delivered to the Company, upon request, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect shall direct that the cancelled Debt Securities or coupons be returned to such depositionit.
Appears in 2 contracts
Sources: Indenture (South Financial Group Inc), Indenture (South Financial Group Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or transfer, 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, if not already cancelled, 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, whatsoever and may deliver to the Trustee (or to any other Person an Authenticating Agent 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. 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, and provided, however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.
Appears in 2 contracts
Sources: Trust Indenture (Thomas & Betts Corp), Trust Indenture (Thomas & Betts Corp)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Operating Partnership may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Operating 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 Operating Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 in a manner customary to the Trustee as directed by a Company Operating Partnership Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 2 contracts
Sources: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp)
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, if not already cancelledfor 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. 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 or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of as directed destroyed by a Company Order, the Trustee and the Trustee shall thereafter deliver prepare and send a certificate of such destruction to the Company a certificate with respect to such depositionCompany.
Appears in 2 contracts
Sources: Subordinated Indenture (Summit Bancorp/Nj/), Senior Indenture (Summit Bancorp/Nj/)
Cancellation. All Securities and coupons surrendered for payment, redemption, conversion, exchange 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, as well as Securities and coupons surrendered directly to the Trustee and, if not already cancelledfor 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. 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 as directed by a Company Orderin accordance with its customary practices, and the Trustee shall thereafter deliver subject to the Company a certificate with respect to such depositionapplicable law.
Appears in 2 contracts
Sources: Senior Subordinated Indenture (American General Capital Iv), Senior Indenture (American General Capital Iv)
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, shall be delivered to the Trustee and, if not already cancelled, 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. The Registrar and the Paying Agent shall forward to the Trustee any Securities surrendered to them for registration of transfer or exchange, redemption or payment. The Trustee and no one else shall cancel all Securities surrendered for registration of transfer, exchange, payment, replacement or 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 Securities held by the Trustee shall be disposed of as directed by a the Company Order, and in writing to the Trustee or in accordance with the Trustee's customary practice. The Trustee shall thereafter deliver to provide the Company a certificate with respect list of all Securities that have been cancelled from time to such depositiontime as requested by the Company.
Appears in 2 contracts
Sources: Indenture (Optel Inc), Indenture (Optel 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, if not already cancelled, 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. 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 in a manner customary to the Trustee as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 2 contracts
Sources: Indenture (Capstone Capital Corp), Indenture (Healthcare Realty Trust 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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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 so delivered shall be promptly cancelled canceled by the Trustee. 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, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.
Appears in 2 contracts
Sources: Indenture (Coca-Cola Hellenic Bottling Co Sa), Indenture (Coca-Cola Hellenic Bottling Co Sa)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and, if not already cancelled, 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. 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, . Acquisition by the Company of any Security shall not operate as a redemption or satisfaction of the indebtedness represented by such Security unless and until the same is delivered to the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionfor cancellation.
Appears in 2 contracts
Sources: Subordinated Indenture (Phoenix Companies Inc/De), Subordinated Indenture (Phoenix Companies 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, if not already cancelledfor 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. 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 as directed by a Company Order, and the Trustee shall thereafter deliver returned to the Company a certificate with respect to such depositionCompany.
Appears in 2 contracts
Sources: Indenture (Homeside Lending Inc), Indenture (Homeside Lending Inc)
Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person person other than the TrusteeTrustee for such Securities, be delivered to the such Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company or the Guarantor (in the case of Guaranteed Securities) may at any time deliver to the such Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or the Guarantor (in the case of Guaranteed Securities) 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 such Trustee. 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 such Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositionTrustee's customary practices.
Appears in 2 contracts
Sources: Indenture (Ingersoll Rand Co LTD), Indenture (Ingersoll Rand Co)
Cancellation. All Securities Bonds surrendered for payment, redemption, registration of transfer or transfer, exchange or for credit against any sinking fund payment redemption shall, if surrendered to any Person other than the Indenture Trustee, be delivered to the Indenture Trustee and, if not already cancelled, and shall be promptly cancelled by itthe Indenture Trustee. The Company Issuing Entity may at any time deliver to the Indenture Trustee for cancellation any Securities Bonds previously authenticated and delivered hereunder which the Company Issuing Entity 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 Bonds so delivered shall be promptly cancelled by the Indenture Trustee. No Securities Bonds shall be authenticated in lieu of or in exchange for any Securities Bonds cancelled as provided in this SectionSection 4.05, except as expressly permitted by this Indenture. All cancelled Securities Bonds may be held or disposed of by the Indenture Trustee in accordance with its standard retention or disposal policy as in effect at the time unless the Issuing Entity shall direct by an Issuing Entity Request that they be destroyed or returned to it; provided however, that such Issuing Entity Request is timely and the Bonds have not been previously disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionIndenture Trustee.
Appears in 2 contracts
Sources: Indenture (Imh Assets Corp), Indenture (Imh Assets Corp)
Cancellation. All Unless otherwise specified pursuant to Section 301 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly canceled by it and, if not already cancelledsurrendered to the Trustee, shall shall, upon receipt of a Company Order, 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 the Company has not issued and sold, and all Securities so delivered shall shall, upon receipt of a Company Order, be promptly cancelled canceled by the Trustee. 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 it in accordance with its then customary procedures and deliver a certificate of as directed by a Company Order, and the Trustee shall thereafter deliver such disposal to the Company upon its written request therefor. The acquisition of any Securities by the Company shall not operate as a certificate with respect redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities are surrendered to such depositionthe Trustee for cancellation.
Appears in 2 contracts
Sources: Indenture (Bank of Marin Bancorp), Indenture (Bank of Marin Bancorp)