CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of any of the relevant Obligors or any Subsidiary of any of the relevant Obligors and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating: (a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid; (b) the serial numbers of such Notes in definitive form and Receipts; (c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons; (d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes; (e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors or any Subsidiary of any of the relevant Obligors and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith; (f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons; and (g) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons. (B) The relevant Issuer shall procure (i) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records shall be made available to the Trustee at all reasonable times during normal business hours.
Appears in 3 contracts
Samples: Supplemental Trust Deed (Cadbury Schweppes Public LTD Co), Supplemental Trust Deed (Cadbury Schweppes Public LTD Co), Supplemental Trust Deed (Cadbury Public LTD Co)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it (i) which are redeemed or (ii) which are purchased and surrendered for cancellation by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 (Replacement of Notes, Receipts, Coupons and Talons) or (iv) which are exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and related Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 (Replacement of Notes, Receipts, Coupons and Talons) shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receiptsform;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchaseexchange, exchange purchase or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Issuing and Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, or purchase by or on behalf of the Issuer or any Subsidiary of the Issuer and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons, (iib) that the Issuing and Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hours.. Notwithstanding the foregoing, the Issuer shall not be required to procure the keeping of a record of serial numbers and maturity dates of Coupons except as regards (i) unmatured Coupons not attached to or surrendered with Definitive Notes presented for redemption or purchased and presented for cancellation, (ii) matured Coupons that remain unpaid,
Appears in 2 contracts
Samples: Trust Deed, Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it (ia) redeemed or (iib) purchased and surrendered for cancellation by or on behalf of the Issuer, any of the relevant Obligors Guarantors or any other Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 12 or (ivd) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 12 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal principal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receiptsform;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal principal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, any of the relevant Obligors Guarantors or any other Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal principal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and TalonsCoupons; and
(g) the total number by maturity date of the unmatured Coupons missing from any definitive Notes (where applicable, of each denomination) by maturity date of Talons which have been redeemed or exchanged for further or surrendered and replaced and the serial numbers of the definitive Notes to which such missing unmatured Coupons appertained, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of any such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Notes and Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or redemption, purchase and cancellation cancellation, payment or exchange (as the case may be) and of all replacement notes, receipts, notes or coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Notes or Coupons or Talons (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iiib) that such records shall be made available to the Trustee at all reasonable times during normal business hours.
Appears in 2 contracts
Samples: Trust Deed (Luxottica Group Spa), Trust Deed (Luxottica Group Spa)
CANCELLATION OF NOTES AND RECORDS. (A) THE 6.1 The relevant Issuer shall procure that all Notes issued by it (ia) redeemed or which are redeemed, (iib) which are purchased and surrendered for cancellation by or on behalf of any of the relevant Obligors Issuer, the Guarantor or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or the Guarantor, (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (ivd) which are exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receiptsform;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer, the Guarantor or any Subsidiary of any of the relevant Obligors Issuer or the Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchaseexchange, exchange purchase or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall use all reasonable endeavours to procure (ia) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase by or on behalf of the relevant Issuer, the Guarantor or any Subsidiary of the relevant Issuer or the Guarantor and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons; (iib) that the Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged unexchanged; and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hours. Notwithstanding the foregoing, the relevant Issuer shall not be required to procure the keeping of a record of serial numbers and maturity dates of Coupons except as regards unmatured Coupons not attached to or surrendered with Definitive Notes presented for redemption or purchased and presented for cancellation, matured Coupons that remain unpaid and Coupons in place of which replacement Coupons have been issued and replacement Coupons.
Appears in 2 contracts
Samples: Twelfth Supplemental Trust Deed, Thirteenth Supplemental Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure by the appointment of the Agent that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of the Issuer, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Guarantor and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents 10 (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receipts;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons and (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hours.
Appears in 2 contracts
Samples: Fifth Supplemental Trust Deed (Mbna Corp), Fourth Supplemental Trust Deed (Mbna Corp)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it which are (ia) redeemed or (iib) purchased and surrendered for cancellation by or on behalf of the Issuer, any of the relevant Obligors Guarantor or any Subsidiary of the Issuer or any of the relevant Obligors and surrendered for cancellation Guarantor or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or 10 (ivReplacement of Notes, Coupons and Talons) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and), in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 (Replacement of Notes, Coupons and Talons), shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(ai) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(bii) the serial numbers of such Notes in definitive form and Receiptsform;
(ciii) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(div) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(ev) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, any of the relevant Obligors Guarantor or any Subsidiary of the Issuer or any of the relevant Obligors Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(fvi) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(vii) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gviii) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of any such redemption, purchase, payment, exchange or replacement (as the case may be)) takes place. The Trustee may accept such certificate as conclusive evidence of redemption, purchase, payment, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, any cancellation or purchase and cancellation any payment (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons, (iib) that the Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 ten years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 2 contracts
Samples: Supplemental Trust Deed, Seventh Supplemental Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it which have been (ia) redeemed or (iib) purchased by or on behalf of any of the relevant Obligors Issuer, or any Subsidiary of any of the relevant Obligors Issuer and surrendered for cancellation or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 of the Senior Notes or Condition 18 of the Tier 2 Notes, as the case may be or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Bearer Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, Bearer Notes all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 of the Senior Notes or Condition 18 of the Tier 2 Notes, as the case may be, shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form distinguishing between Definitive Bearer Notes and ReceiptsDefinitive Registered Notes;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes and/or on Definitive Registered Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer, or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Bearer Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced with Notes in definitive form and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Bearer Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Bearer Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Issue and Paying Agent shall keep a full and complete record of all Notes, Receipts, Notes Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (iib) that the Issue and Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 ten years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hours. Notwithstanding the foregoing, the Issuer shall not be required to procure the keeping of a record of serial numbers and maturity dates of Coupons except as regards unmatured Coupons not attached to or surrendered with Definitive Notes presented for redemption or purchased and presented for cancellation, matured Coupons that remain unpaid and Coupons in place of which replacement Coupons have been issued and replacement Coupons.
Appears in 2 contracts
Samples: Trust Deed, Second Supplemental Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it which are (ia) redeemed or (iib) purchased by or on behalf of any of the relevant Obligors Issuer, a Guarantor or any Subsidiary of any of the relevant Obligors and surrendered for cancellation or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or 15 (ivReplacement of Notes, Receipts, Coupons and Talons) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and), in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 15 (Replacement of Notes, Receipts, Coupons and Talons), shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:: 16
(ai) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(bii) the serial numbers of such Notes in definitive form and Receipts;
(ciii) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(div) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(ev) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, any of the relevant Obligors Guarantor or any Subsidiary of any of the relevant Obligors and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive NotesNotes in definitive form, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(fvi) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(vii) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Notes in definitive form bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Notes in definitive form to which such missing unmatured Coupons appertained; and
(gviii) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months one month after the date end of each calendar quarter during which any such redemption, purchase, payment, exchange or replacement (as the case may be)) takes place. The Trustee may accept such certificate as conclusive evidence of redemption, purchase, payment, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, any cancellation or purchase and cancellation any payment (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Agent shallTalons, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records shall be made available to the Trustee at all reasonable times during normal business hours.17
Appears in 1 contract
Samples: Trust Deed (Intercontinental Hotels Group PLC /New/)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of any of the relevant Obligors Issuer, PT, PTC or any other Subsidiary of any of the relevant Obligors PT and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Bearer Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Bearer Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 and all Talons exchanged in accordance with the Conditions for further Coupons shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the aggregate amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and ReceiptsReceipts distinguishing between Bearer Notes and Registered Notes;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes and/or on Definitive Registered Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer, PT, PTC or any other Subsidiary of any of the relevant Obligors PT and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Bearer Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of unmatured Coupons missing from Definitive Bearer Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Bearer Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation by or on behalf of the Issuer, PT, PTC or any other Subsidiary of PT, cancellation, payment or exchange (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Principal Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Fourth Supplemental Trust Deed (Portugal Telecom SGPS Sa)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of any of the relevant Obligors or any Subsidiary of any of the relevant Obligors and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receipts;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors or any Subsidiary of any of the relevant Obligors and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;; Back to Contents
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons; and
(g) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records shall be made available to the Trustee at all reasonable times during normal business hours.
Appears in 1 contract
Samples: Fourth Supplemental Trust Deed (Cadbury Schweppes Public LTD Co)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of any of the relevant Obligors or any Subsidiary of any of the relevant Obligors and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant use its reasonable endeavours to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receipts;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors or any Subsidiary of any of the relevant Obligors and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons; and
(g) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and by or on behalf of the Issuer or by a Covenantor, any cancellation or any payment (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons, (ii) that the Principal Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons (and in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records and Coupons (if any) shall be made available to the Note Trustee at all reasonable times during normal business hourstimes.
6.2 The Issuer shall, or shall procure that, any Notes required to be cancelled pursuant to Condition 8(f) (Early Redemption on Prepayment of Issuer Borrower Loan Agreements) or otherwise in accordance with the Finance Documents are surrendered for cancellation pursuant to the terms of this Note Trust Deed and the Agency Agreement.
Appears in 1 contract
Samples: Note Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of any of the relevant Obligors Issuer, Telecom Italia (where the relevant Issuer is TI Finance) or any Subsidiary of any of the relevant Obligors Issuer or Telecom Italia (where the relevant Issuer is TI Finance) and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paidpaid in accordance with the Conditions;
(b) the serial numbers of such Notes in definitive form and Receipts;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer, Telecom Italia (where the relevant Issuer is TI Finance) or any Subsidiary of any of the relevant Obligors Issuer or Telecom Italia (where the relevant Issuer is TI Finance) and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons; and
(g) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records shall be made available to the Trustee at all reasonable times during normal business hours.
Appears in 1 contract
Samples: Trust Deed (Telecom Italia S P A)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased and surrendered for cancellation by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(aA) the aggregate nominal principal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(bB) the serial numbers of such Notes in definitive form and Receiptsform;
(cC) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(dD) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes and/or on Registered Notes;
(eE) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(fF) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(G) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Bearer Notes bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Definitive Bearer Notes to which such missing unmatured Coupons appertained; and
(gH) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange purchase or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure procure:
(iA) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, purchase by or purchase and on behalf of the Issuer or any Subsidiary of the Issuer, cancellation or payment (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons;
(iiB) that the Principal Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and unexchanged; and
(iiiC) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it (ia) which are redeemed or (iib) which are purchased and surrendered for cancellation by or on behalf of any of the relevant Obligors Issuer, the Guarantor or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or the Guarantor or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or 12 (ivReplacement of Notes and Coupons) exchanged as provided in these presents (together in each case, in the case of Definitive definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 12 (Replacement of Notes and Coupons) shall forthwith be cancelled by or on behalf of the relevant Issuer and a Issuer. A certificate stating:
(a) the aggregate nominal principal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receiptsform;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal principal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer, the Guarantor or any Subsidiary of any of the relevant Obligors Issuer and the Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;; and
(f) the aggregate nominal principal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons; and
(g) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of any such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Notes and Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, cancellation, payment or purchase and cancellation exchange (as the case may be) and of all replacement notes, receipts, notes or coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Notes or Coupons or Talons (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iiib) that such records shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Trust Deed (Pearson PLC)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it (ia) redeemed or (iib) purchased and surrendered for cancellation by or on behalf of the Issuer, any Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 12 or (ivd) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 12 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal principal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receiptsform;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal principal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, any Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;; and
(f) the aggregate nominal principal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons; and
(g) the total number (where applicableCoupons, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of any such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Notes and Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, cancellation, payment or purchase and cancellation exchange (as the case may be) and of all replacement notes, receipts, notes or coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Notes or Coupons or Talons (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iiib) that such records shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of any of the relevant Obligors Issuers, PTC or any other Subsidiary of any of the relevant Obligors PT and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Bearer Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Bearer Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 and all Talons exchanged in accordance with the Conditions for further Coupons shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the aggregate amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and ReceiptsReceipts distinguishing between Bearer Notes and Registered Notes;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes and/or on Definitive Registered Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuers, PTC or any other Subsidiary of any of the relevant Obligors PT and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Bearer Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of unmatured Coupons missing from Definitive Bearer Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Bearer Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation by or on behalf of the Issuers, PTC or any other Subsidiary of PT, cancellation, payment or exchange (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Principal Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Seventh Supplemental Trust Deed (Portugal Telecom SGPS Sa)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant The Issuer shall use all reasonable endeavours to procure that all Notes issued by it (i) redeemed or (ii) purchased for cancellation by or on behalf of the Issuer, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents 10 (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, Notes all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receipts;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall use all reasonable endeavours to procure (i) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, purchase by or purchase and cancellation on behalf of the Issuer, the Guarantor or any other Subsidiary of the Issuer and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons and (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: First Supplemental Trust Deed (Countrywide Financial Corp)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it which have been (ia) redeemed or (iib) purchased by or on behalf of any of the relevant Obligors Issuer, or any Subsidiary of any of the relevant Obligors Issuer and surrendered for cancellation or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 of the Senior Notes or Condition 18 of the Tier 2 Notes, as the case may be or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Bearer Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, Bearer Notes all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 of the Senior Notes or Condition 18 of the Tier 2 Notes, as the case may be, shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form distinguishing between Definitive Bearer Notes and ReceiptsDefinitive Registered Notes;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;Notes and/or on Definitive Registered Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer, or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Bearer Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced with Notes in definitive form and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Bearer Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Bearer Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Issue and Paying Agent shall keep a full and complete record of all Notes, Receipts, Notes Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (iib) that the Issue and Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 ten years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hours. Notwithstanding the foregoing, the Issuer shall not be required to procure the keeping of a record of serial numbers and maturity dates of Coupons except as regards unmatured Coupons not attached to or surrendered with Definitive Notes presented for redemption or purchased and presented for cancellation, matured Coupons that remain unpaid and Coupons in place of which replacement Coupons have been issued and replacement Coupons.
Appears in 1 contract
Samples: Third Supplemental Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant
6.1 The Issuer shall procure that all Notes issued by it (i) which are redeemed or (ii) which are purchased and surrendered for cancellation by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 (Replacement of Notes, Receipts, Coupons and Talons) or (iv) which are exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and related Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 (Replacement of Notes, Receipts, Coupons and Talons) shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receiptsform;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchaseexchange, exchange purchase or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Issuing and Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, or purchase by or on behalf of the Issuer or any Subsidiary of the Issuer and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons, (iib) that the Issuing and Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hours.. Notwithstanding the foregoing, the Issuer shall not be required to procure the keeping of a record of serial numbers and maturity dates of Coupons except as regards (i) unmatured Coupons not attached to or surrendered with Definitive Notes presented for redemption or purchased and presented for cancellation, (ii) matured Coupons that remain unpaid,
Appears in 1 contract
Samples: Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it (ia) redeemed or (iib) purchased by or on behalf of any of the relevant Obligors Issuer, the Guarantor (where the Issuer is PFA) or any Subsidiary of any of the relevant Obligors Issuer or the Guarantor (where the Issuer is PFA) and surrendered for cancellation or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 20 or (ivd) substituted in accordance with Condition 15.6, Condition 15.8 and/or Condition 15.10 or (e) exchanged as provided in these presents (together in each case, in the case of Definitive Bearer Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, Bearer Notes all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 20 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form distinguishing between Definitive Bearer Notes and ReceiptsDefinitive Registered Notes;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes and/or on Definitive Registered Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer, the Guarantor (where the Issuer is PFA) or any Subsidiary of any of the relevant Obligors Issuer or the Guarantor (where the Issuer is PFA) and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Bearer Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced with Notes in definitive form and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Bearer Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Bearer Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Issue and Paying Agent shall keep a full and complete record of all Notes, Receipts, Notes Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (iib) that the Issue and Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 ten years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hours.. Notwithstanding the foregoing, the Issuer shall not be required to procure the keeping of a record of serial numbers and maturity dates of Coupons except as regards unmatured Coupons not attached to or surrendered with Definitive Notes presented for redemption or purchased and presented for cancellation, matured Coupons that remain unpaid and Coupons in place of which replacement Coupons have been issued and replacement Coupons.
Appears in 1 contract
Samples: Supplemental Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it which are (ia) redeemed or (iib) purchased by or on behalf of any of the relevant Obligors Issuer, the Guarantors (as applicable) or any Subsidiary of the Issuer or any of the relevant Obligors Guarantor (as applicable) and surrendered for cancellation or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or 10 (ivReplacement of Notes, Coupons and Talons) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and), in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 (Replacement of Notes, Coupons and Talons), shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receiptsform;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of the Issuer or any of the relevant Obligors Guarantor (as applicable) and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months one month after the date end of each calendar quarter during which any such redemption, purchase, payment, exchange or replacement (as the case may be)) takes place. The Trustee may accept such certificate as conclusive evidence of redemption, purchase, payment, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Agent or Registrar, as applicable, shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, any cancellation or purchase and cancellation any payment (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons, (iib) that the Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 ten years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it which are (i) redeemed or (ii) purchased and surrendered for cancellation by or on behalf of any of the relevant Obligors Issuer, the Guarantor or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or the Guarantor or (iii) which, which being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents 12 (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and or replaced pursuant to Condition 11 12 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal principal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receipts;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer, the Guarantor or any Subsidiary of any of the relevant Obligors Issuer or the Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receiptsreceipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange purchase or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (i) that the Issuing and Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, purchase by or purchase and cancellation on behalf of the Issuer, the Guarantor or any Subsidiary of the Issuer or the Guarantor and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Issuing and Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Trust Deed (Texas Utilities Co /Tx/)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of the Issuers, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Guarantor and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Bearer Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Bearer Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 and all Talons exchanged in accordance with the Conditions for further Coupons shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the aggregate amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and ReceiptsReceipts distinguishing between Bearer Notes and Registered Notes;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes and/or on Definitive Registered Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuers, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Bearer Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of unmatured Coupons missing from Definitive Bearer Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Bearer Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation by or on behalf of the Issuers, the Guarantor or any other Subsidiary of the Guarantor, cancellation, payment or exchange (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Principal Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Eighth Supplemental Trust Deed (Portugal Telecom SGPS Sa)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of the Issuers, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Guarantor and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Bearer Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Bearer Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 and all Talons exchanged in accordance with the Conditions for further Coupons shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:: Table of Contents
(a) the aggregate nominal amount of Notes which have been redeemed and the aggregate amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and ReceiptsReceipts distinguishing between Bearer Notes and Registered Notes;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes and/or on Definitive Registered Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuers, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Bearer Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of unmatured Coupons missing from Definitive Bearer Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Bearer Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation by or on behalf of the Issuers, the Guarantor or any other Subsidiary of the Guarantor, cancellation, payment or exchange (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Principal Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records shall be made available to the Trustee at all reasonable times during normal business hours.such
Appears in 1 contract
Samples: Eighth Supplemental Trust Deed (PT Portugal, SGPS, S.A.)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it (ia) redeemed or (iib) purchased and surrendered for cancellation by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 (Replacement of Notes and Coupons) or (ivd) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 (Replacement of Notes and Coupons) shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal principal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paidpaid in accordance with the Conditions;
(b) the serial numbers of such Notes in definitive form and Receiptsform;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;; and
(f) the aggregate nominal principal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons; and
(g) the total number (where applicableCoupons, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Notes and Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption or purchase and cancellation and of all replacement notes, receipts, notes or coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Notes or Coupons or Talons (iib) that the Principal Paying Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records shall be made available to the Trustee at all reasonable times during normal business hours.
Appears in 1 contract
Samples: Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased by or on behalf of any of the relevant Obligors or any Subsidiary of any of the relevant Obligors and surrendered for cancellation or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 Condition14 or (iv) exchanged iii)exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 Condition14 and all Talons exchanged in accordance with the Conditions for further Coupons shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:: 23
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form distinguishing between Bearer Notes and ReceiptsRegistered Notes;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes and/or on Registered Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the relevant Issuer, any holding company of the relevant Obligors Issuer or any other Subsidiary of any of the relevant Obligors such holding company and cancelled and the serial numbers of such Definitive Notes in definitive form and, in the case of Definitive Notes, and the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Definitive Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons;
(g) the total number (where applicable, of each denomination) by maturity date of unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and Talonsreplaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that i)that the Agent shall keep a full and complete record of all Notes, Receipts, Notes and Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, purchase by or purchase and cancellation on behalf of the relevant Issuer, any holding company of the relevant Issuer or any other Subsidiary of any such holding company, cancellation, payment or exchange (as the case may be) and of all replacement notes, receipts, notes or coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Notes or Coupons or Talons (ii) that ii)that the Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 ten years from the Relevant Date in respect of such Coupons and (in the case of Talons) indefinitely either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iii) that iii)that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hours.times. 24
Appears in 1 contract
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall procure that all Notes issued by it (i) redeemed or (ii) purchased and surrendered for cancellation by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Issuer or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal principal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) the serial numbers of such Notes in definitive form and Receipts;
(c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of any of the relevant Obligors Issuer or any Subsidiary of any of the relevant Obligors Issuer and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, and the total number (where Back to Contents applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange purchase or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall procure (i) that the Principal Paying Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, purchase by or purchase and cancellation on behalf of the relevant Issuer or any Subsidiary of the relevant Issuer and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons (ii) that the Principal Paying Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Trust Deed (United Utilities PLC)
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it which are (ia) redeemed or (iib) purchased and surrendered for cancellation by or on behalf of the Issuer, any of the relevant Obligors Guarantor or any Subsidiary of the Issuer or any of the relevant Obligors and surrendered for cancellation Guarantor or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or 10 (ivReplacement of Notes, Coupons and Talons) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and), in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 (Replacement of Notes, Coupons and Talons), shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(ai) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;paid;
(bii) the serial numbers of such Notes in definitive form and Receiptsform;
(ciii) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;Coupons;
(div) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(ev) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, any of the relevant Obligors Guarantor or any Subsidiary of the Issuer or any of the relevant Obligors Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(fvi) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and TalonsTalons;
(vii) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gviii) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of any such redemption, purchase, payment, exchange or replacement (as the case may be)) takes place. The Trustee may accept such certificate as conclusive evidence of redemption, purchase, payment, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, any cancellation or purchase and cancellation any payment (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons, (iib) that the Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 ten years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Eighth Supplemental Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant 6.1 The Issuer shall procure that all Notes issued by it which are (ia) redeemed or (iib) purchased and surrendered for cancellation by or on behalf of the Issuer, any of the relevant Obligors Guarantor or any Subsidiary of the Issuer or any of the relevant Obligors and surrendered for cancellation Guarantor or (iiic) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (ivReplacement of Notes, Coupons and Talons) exchanged as provided in these presents (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and), in the case of Definitive Notes, and all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 (Replacement of Notes, Coupons and Talons), shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(ai) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(bii) the serial numbers of such Notes in definitive form and Receiptsform;
(ciii) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(div) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(ev) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, any of the relevant Obligors Guarantor or any Subsidiary of the Issuer or any of the relevant Obligors Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(fvi) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(vii) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gviii) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons Coupons, shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of any such redemption, purchase, payment, exchange or replacement (as the case may be)) takes place. The Trustee may accept such certificate as conclusive evidence of redemption, purchase, payment, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) 6.2 The relevant Issuer shall procure (ia) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, any cancellation or purchase and cancellation any payment (as the case may be) and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons Talons, (iib) that the Agent shall, shall in respect of the Coupons of each maturity where retain (in the relevant Note is redeemed prior to its maturity date, retain case of Coupons other than Talons) until the expiry of 10 ten years from the Relevant Date in respect of such Coupons and (in the case of Talons indefinitely) either all paid or exchanged Coupons of that maturity or a list of the serial numbers of Coupons of that maturity still remaining unpaid or unexchanged and (iiic) that such records and Coupons (if any) shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Supplemental Trust Deed
CANCELLATION OF NOTES AND RECORDS. (A) THE relevant Issuer shall use its best endeavours to procure that all Notes issued by it (i) redeemed or (ii) purchased for cancellation by or on behalf of the Issuer, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors and surrendered for cancellation Guarantor or (iii) which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 or (iv) exchanged as provided in these presents 10 (together in each case, in the case of Definitive Notes, with all unmatured Receipts and Coupons attached thereto or delivered therewith) and, in the case of Definitive Notes, Notes all relative Receipts and Coupons paid in accordance with the relevant Conditions or which, being mutilated or defaced, have been surrendered and replaced pursuant to Condition 11 10 shall forthwith be cancelled by or on behalf of the relevant Issuer and a certificate stating:
(a) the aggregate nominal amount of Notes which have been redeemed and the amounts paid in respect thereof and the aggregate amounts in respect of Receipts and Coupons which have been paid;
(b) (b) the serial numbers of such Notes in definitive form and Receipts;
(c) (c) the total numbers (where applicable, of each denomination) by maturity date of such Receipts and Coupons;
(d) (d) the aggregate amount of interest paid (and the due dates of such payments) on Global Notes;
(e) the aggregate nominal amount of Notes (if any) which have been purchased by or on behalf of the Issuer, the Guarantor or any other Subsidiary of the relevant Obligors or any Subsidiary of any of the relevant Obligors Guarantor and cancelled and the serial numbers of such Notes in definitive form and, in the case of Definitive Notes, the total number (where applicable, of each denomination) by maturity date of the Receipts, Coupons and Talons attached thereto or surrendered therewith;
(f) the aggregate nominal amounts of Notes and Receipts and the aggregate amounts in respect of Coupons which have been so exchanged or surrendered and replaced and the serial numbers of such Notes in definitive form and the total number (where applicable, of each denomination) by maturity date of such Coupons and Talons;
(g) the total number (where applicable, of each denomination) by maturity date of the unmatured Coupons missing from Definitive Notes bearing interest at a fixed rate which have been redeemed or exchanged or surrendered and replaced and the serial numbers of the Definitive Notes to which such missing unmatured Coupons appertained; and
(gh) the total number (where applicable, of each denomination) by maturity date of Talons which have been exchanged for further Coupons shall be given to the Trustee by or on behalf of the relevant Issuer as soon as possible and in any event within four months after the date of such redemption, purchase, payment, exchange or replacement (as the case may be). The Trustee may accept such certificate as conclusive evidence of redemption, purchase, exchange or replacement pro tanto of the Notes or payment of interest thereon or exchange of the relative Talons respectively and of cancellation of the relative Notes and Coupons.
(B) The relevant Issuer shall use its best endeavours to procure (i) that the Agent shall keep a full and complete record of all Notes, Receipts, Coupons and Talons issued by it (other than serial numbers of Receipts and Coupons) and of their redemption redemption, purchase by or purchase and cancellation on behalf of the Issuer, the Guarantor or any other Subsidiary of the Guarantor and of all replacement notes, receipts, coupons or talons issued in substitution for lost, stolen, mutilated, defaced or destroyed Notes, Receipts, Coupons or Talons and (ii) that the Agent shall, in respect of the Coupons of each maturity where the relevant Note is redeemed prior to its maturity date, retain until the expiry of 10 years from the Relevant Date in respect of such Coupons a list of the Coupons of that maturity still remaining unpaid or unexchanged and (iii) that such records shall be made available to the Trustee at all reasonable times during normal business hourstimes.
Appears in 1 contract
Samples: Supplemental Trust Deed (Countrywide Credit Industries Inc)