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, repayment, exchange or registration of transfer or for credit against any sinking fund shall, if surrendered to the Company, any Registrar, any Paying Agent or any other agent of the Company or of the Trustee, be delivered to the Trustee and promptly cancelled by it, or, if surrendered to the Trustee, shall be promptly cancelled by it, in accordance with its customary procedures, and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee may dispose of cancelled Notes in accordance with its customary procedures and, at the written request of the Company, deliver a certificate of such disposition to the Company or, at the written request of the Company, shall deliver cancelled Notes to the Company. 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. Where the Notes are held in global form, and to the extent less than all of the Notes are to be cancelled, the Registrar’s notation of such cancellation on its books and records shall be deemed to satisfy any cancellation obligation.

Appears in 2 contracts

Samples: Eastman Chemical Co, Eastman Chemical Co

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Cancellation of Notes Paid, Etc. All Notes surrendered for the purpose of payment, redemption, repaymentconversion, exchange or registration of transfer or for credit against any sinking fund transfer, shall, if surrendered to the Company, any Registrar, any Paying Agent Company or any other paying agent of the Company or of the Trusteeany Note registrar or any conversion agent, be delivered surrendered to the Trustee and promptly cancelled canceled by it, or, if surrendered to the Trustee, shall be promptly cancelled canceled by itit (provided that in the case of any Note or portion thereof submitted for repurchase, in accordance with its customary proceduresthe Trustee shall not cancel such Note or portion thereof until after the Repurchase Date), and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. The Trustee may dispose of cancelled shall destroy canceled Notes in accordance with its customary procedures (unless the Company directs it to do otherwise) and, at the written request of after such destruction, shall, if requested by the Company, deliver a certificate of such disposition to the Company or, at the written request of the Company, shall deliver cancelled Notes destruction to the Company. 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. Where the Notes are held in global form, and to the extent less than all of the Notes are to be cancelled, the Registrar’s notation of such cancellation on its books and records shall be deemed to satisfy any cancellation obligation.

Appears in 1 contract

Samples: Iomega Corp

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Cancellation of Notes Paid, Etc. All Notes surrendered for the purpose of payment, redemption, repaymentrepurchase, conversion, exchange or registration of transfer or for credit against any sinking fund transfer, shall, if surrendered to the Company, any Registrar, any Paying Agent Company or any other paying agent of the Company or of the Trusteeany Note registrar or any conversion agent, be delivered surrendered to the Trustee and promptly cancelled canceled by it, or, if surrendered to the Trustee, shall be promptly cancelled canceled by itit (provided that in the case of any Note or portion thereof submitted for repurchase, in accordance with its customary proceduresthe Trustee shall not cancel such Note or portion thereof until after the Repurchase Date), and no Notes shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture, provided that any Note or portion thereof surrendered for repurchase shall only be cancelled at such time as such Note or portion thereof has been repurchased pursuant to Article XVI hereof. The Trustee may dispose of cancelled shall destroy canceled Notes in accordance with its customary procedures (unless the Company directs it to do otherwise) and, at the written request of after such destruction, shall, if requested by the Company, deliver a certificate of such disposition to the Company or, at the written request of the Company, shall deliver cancelled Notes destruction to the Company. 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. Where the Notes are held in global form, and to the extent less than all of the Notes are to be cancelled, the Registrar’s notation of such cancellation on its books and records shall be deemed to satisfy any cancellation obligation.

Appears in 1 contract

Samples: Iomega Corp

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