Common use of Cancellation of Notes Paid, Converted, Etc Clause in Contracts

Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, repurchase (including pursuant to Section 2.08(b), but not including Notes repurchased pursuant to cash-settled swaps or other derivatives), registration of transfer or exchange or conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation pursuant to Section 2.12 of the Base Indenture. All Notes delivered to the Trustee shall be canceled promptly by the Trustee and will no longer be considered outstanding, and no Notes shall be issued to replace any such Notes cancelled hereunder or under the Base Indenture. Section 2.12 of the Base Indenture is hereby amended with respect to the Notes by replacing the word “may” in the first sentence thereof with the word “shall.”

Appears in 2 contracts

Samples: Second Supplemental Indenture (Tesla Motors Inc), Tesla Motors Inc

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Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, repurchase (including pursuant to Section 2.08(b), but not including Notes repurchased pursuant to cash-settled swaps or other derivatives), registration of transfer or exchange or conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation pursuant to Section 2.12 of the Base Indenture. All Notes delivered to the Trustee shall be canceled promptly by the Trustee and will no longer be considered outstanding, and no Notes shall be issued to replace any such Notes cancelled hereunder or under the Base Indenture. Section 2.12 of the Base Indenture is hereby amended with respect to the Notes by replacing the word “may” in the first sentence thereof with the word “shall.”

Appears in 2 contracts

Samples: Fifth Supplemental Indenture (Tesla, Inc.), Fourth Supplemental Indenture (Tesla, Inc.)

Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, repurchase (including pursuant to Section 2.08(b)2.08, but not including excluding Notes repurchased pursuant to cash-settled swaps or other derivatives), registration of transfer or exchange or conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation pursuant to Section 2.12 of the Base Indenture. All Notes delivered to the Trustee shall be canceled promptly by the Trustee and will no longer be considered outstandingTrustee, and no Notes shall be issued to replace any such Notes cancelled hereunder or under the Base Indenture. The second to last sentence of Section 2.09 of the Base Indenture shall be deemed deleted with respect to the Notes. Section 2.12 of the Base Indenture is hereby amended with respect to the Notes by replacing the word “may” in the first sentence thereof with the word “shall.”

Appears in 1 contract

Samples: First Supplemental Indenture (Auxilium Pharmaceuticals Inc)

Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, repurchase (redemption, repurchase, including pursuant to Section 2.08(b), (but not including excluding Notes repurchased pursuant to cash-settled swaps or other derivatives), registration of transfer or exchange or conversion, if surrendered to any Person other than the Trustee (including any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation pursuant to Section 2.12 3.9 of the Base Indenture. All Notes delivered to the Trustee shall be canceled promptly by the Trustee and will shall no longer be considered outstanding, and no Notes shall be issued to replace any such Notes cancelled hereunder or under the Base Indenture. Section 2.12 3.9 of the Base Indenture is hereby amended with respect to the Notes by replacing each occurrence of the word “may” in the first second sentence thereof with the word “shall.”

Appears in 1 contract

Samples: Insmed Incorporated (INSMED Inc)

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Cancellation of Notes Paid, Converted, Etc. The Company shall cause all Notes surrendered for the purpose of payment, repurchase (redemption, repurchase, including pursuant to Section 2.08(b), ) (but not including excluding Notes repurchased pursuant to cash-settled swaps or other derivatives), registration of transfer or exchange or conversion, if surrendered to any Person other than the Trustee (including Company or any of the Company’s agents, Subsidiaries or Affiliates), to be delivered to the Trustee for cancellation pursuant to Section 2.12 3.9 of the Base Indenture. All Notes delivered to the Trustee shall be canceled promptly by the Trustee and will shall no longer be considered outstanding, and no Notes shall be issued to replace any such Notes cancelled hereunder or under the Base Indenture. Section 2.12 3.9 of the Base Indenture is hereby amended with respect to the Notes by replacing each occurrence of the word “may” in the first second sentence thereof with the word “shall.”

Appears in 1 contract

Samples: Insmed Incorporated (INSMED Inc)

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