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

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of canceled Notes in accordance with its customary procedures. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 2 contracts

Samples: Indenture (Tivo Inc), E Trade Group Inc

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Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent Paying Agent or any Note registrar Registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, All cancelled Notes held by the Trustee shall dispose be destroyed and certification of canceled their destruction delivered to the Company unless by a Company Order the Company shall direct that cancelled Notes in accordance with its customary proceduresbe returned to it. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 2 contracts

Samples: Indenture (RCN Corp /De/), Indenture (RCN Corp /De/)

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent Paying Agent or any Note registrar Registrar or any conversion agentConversion Agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the The Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresprocedures and, after such destruction, shall deliver a certificate of such destruction to the Company upon delivery by the Company of a Company Order. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness Indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 2 contracts

Samples: Cadence Design Systems Inc, Cadence Design Systems Inc

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent Paying Agent or any Note registrar or any conversion agentConversion Agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Sepracor Inc /De/)

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.such

Appears in 1 contract

Samples: Indenture (Alkermes Inc)

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Premiere Technologies Inc

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption redemption, repurchase or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Alkermes Inc)

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such -20- 26 acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Cephalon Inc

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversionexchange, exchange issuance of substitute Note for any mutilated Note which is extant, or registration of transfer, shall, if surrendered to the Company or any paying agent Guarantor or any Paying Agent or any Note registrar Registrar or any conversion agentExchange Agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the The Trustee shall dispose of canceled Notes in accordance with its customary proceduresprocedures and, after such cancellation, shall deliver a written confirmation of such cancellation to the Company, at the Company’s written request. If the Company or any Guarantor shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Cenveo, Inc)

Cancellation of Notes Paid, Etc. All Notes surrendered for the ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of canceled Notes in accordance with its customary procedures. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: E Trade Group Inc

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Cancellation of Notes Paid, Etc. All Notes ------------------------------- surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, transfer shall, if surrendered to the Company or any paying or conversion agent or any Note registrar or any conversion agentthe Registrar, be surrendered to the Trustee for cancellation and promptly canceled cancelled by it, or, or if surrendered to the Trustee, shall be promptly canceled cancelled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions The Trustee shall, upon request of the Company, deliver either cancelled Notes or a certificate of destruction thereof to the Trustee shall dispose of canceled Notes in accordance with its customary proceduresCompany. If the Company shall acquire any of the Notes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Emc Corp

Cancellation of Notes Paid, Etc. All Notes surrendered -------------------------------- for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Park Electrochemical Corp

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- -------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Level One Communications Inc /Ca/)

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar Registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Ibasis Inc)

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions of the Company, the Trustee shall dispose of destroy canceled Notes in accordance with its customary proceduresand, after such destruction, shall deliver a certificate of such destruction to the Company. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Sepracor Inc /De/)

Cancellation of Notes Paid, Etc. All Notes surrendered for ------------------------------- the purpose of payment, redemption, repurchase, conversion, exchange or registration of transfer, shall, if surrendered to the Company or any paying agent or any Note registrar or any conversion agent, be surrendered to the Trustee and promptly canceled by it, or, if surrendered to the Trustee, shall be promptly canceled by it, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. Upon written instructions The Trustee shall destroy canceled Notes (unless the Company directs it to do otherwise) and, after such destruction, shall deliver a certificate of such destruction to the Company, the Trustee shall dispose of canceled Notes in accordance with its customary procedures. If the Company shall acquire any of the Notes, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Notes unless and until the same are delivered to the Trustee for cancellation.

Appears in 1 contract

Samples: Indenture (Cke Restaurants Inc)

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