Common use of Cancellation of Securities; Destruction Thereof Clause in Contracts

Cancellation of Securities; Destruction Thereof. All Securities surrendered for payment, repurchase, redemption, registration of transfer or exchange or conversion, or for credit against any payment in respect of a sinking or analogous fund, if surrendered to the Issuer or any agent of the Issuer or the Trustee, shall be delivered to the Trustee for cancellation or, if surrendered to the Trustee, shall be cancelled by it; and no Securities shall be authenticated in exchange thereof or issued in lieu thereof except as expressly permitted by any of the provisions of the Indenture. On written request of the Issuer at the time of such surrender, the Trustee shall deliver to the Issuer the Securities cancelled by the Trustee. In the absence of such request, the Trustee shall destroy cancelled Securities held by it and deliver a certificate of destruction to the Issuer. The Issuer may, to the extent permitted by law, and directly or indirectly (regardless of whether such Securities are surrendered to the Issuer), repurchase Securities of any series in the open market or otherwise, whether by the Issuer or its Subsidiaries or through a private or public tender or exchange offer or through counterparties to private agreements, including by cash-settled swaps or other derivatives. The Issuer shall cause any Securities so repurchased (other than Securities repurchased pursuant to cash-settled swaps or other derivatives) to be surrendered to the Trustee for cancellation in accordance with this Section 2.10; provided that if the Issuer shall acquire any of the Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are delivered to the Trustee for cancellation.

Cancellation of Securities; Destruction Thereof. All Securities surrendered for payment, repurchase, redemption, registration of transfer or exchange or conversionexchange, or for credit against any payment in respect of a sinking or analogous fund, shall, if surrendered to the Issuer Company or any agent of the Issuer Paying Agent or the Trusteeany Securities Registrar, shall be delivered to the Trustee for cancellation or, if surrendered to the Trustee, shall be cancelled by it; , and no Securities shall be authenticated in exchange thereof or issued in lieu thereof except as expressly permitted by any of the provisions of the this Indenture. On written request of the Issuer The Company may at the any time of such surrender, the Trustee shall deliver to the Issuer the Securities cancelled by the Trustee. In the absence of such request, the Trustee shall destroy cancelled Securities held by it and deliver a certificate of destruction to the Issuer. The Issuer may, to the extent permitted by law, and directly or indirectly (regardless of whether such Securities are surrendered to the Issuer), repurchase Securities of any series in the open market or otherwise, whether by the Issuer or its Subsidiaries or through a private or public tender or exchange offer or through counterparties to private agreements, including by cash-settled swaps or other derivatives. The Issuer shall cause any Securities so repurchased (other than Securities repurchased pursuant to cash-settled swaps or other derivatives) to be surrendered to the Trustee for Securities of a series for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in accordance with any manner whatsoever, and all Securities so delivered shall be promptly cancelled by such Trustee. Notwithstanding any other provision of this Indenture to the contrary, in the case of a series, all the Securities of which are not to be originally issued at one time, a Security of such series shall not be deemed to have been Outstanding at any time hereunder if and to the extent that, subsequent to the authentication and delivery thereof, such Security is delivered to the Trustee for such Security for cancellation by the Company or any agent thereof upon the failure of the original purchaser thereof to make payment therefore against delivery thereof, and any Security so delivered to such Trustee shall be promptly cancelled by it. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section 2.10; provided that 3.9, except as expressly permitted by this Indenture. Global Securities shall not be disposed of until exchanged in full for definitive Securities or until payment thereof is made in full. The Trustee shall, unless instructed to deliver the Securities to the Company in a Company Order, destroy such cancelled Securities and, if requested by the Issuer Company in writing, deliver certification of their destruction to the Company. If the Company shall acquire any of the Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are delivered to the Trustee for cancellation.

Cancellation of Securities; Destruction Thereof. All Securities surrendered for payment, repurchaseredemption, redemptioncancellation, registration of transfer or exchange or conversionexchange, or for credit against any payment in respect of a sinking or analogous fund, if surrendered to the Issuer or any agent of the Issuer or the Trustee, shall be delivered to the Trustee for cancellation or, if surrendered to the Trustee, shall be cancelled by it; and no Securities shall be authenticated in exchange thereof therefor or issued in lieu thereof except as expressly permitted by any of the provisions of the Indenture. On written request of the Issuer at the time of such surrender, the Trustee shall deliver to the Issuer the Securities cancelled by the Trustee. In the absence of such request, the Trustee shall destroy dispose of cancelled Securities held by it in accordance with its customary procedures and deliver a certificate of destruction disposition to the Issuer. The Issuer may, to the extent permitted by law, and directly or indirectly (regardless of whether such Securities are surrendered to the Issuer), repurchase Securities of any series in the open market or otherwise, whether by the Issuer or its Subsidiaries subsidiaries or through a private or public tender or exchange offer or through counterparties to private agreements, including by cash-settled swaps or other derivatives. The Issuer shall cause any Securities so repurchased (other than Securities repurchased pursuant to cash-settled swaps or other derivatives) to be surrendered to the Trustee for cancellation in accordance with this Section 2.10; provided that if the Issuer shall acquire any of the Securities, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are delivered to the Trustee for cancellation.

Cancellation of Securities; Destruction Thereof. All Securities Securities, Coupons and Guarantees surrendered for payment, repurchase, redemption, registration of transfer or exchange or conversionexchange, or for credit against any payment in respect of a sinking or analogous fund, if surrendered to the Issuer or any agent of the Issuer Issuer, to any Guarantor or any agent of such Guarantor or to the Trustee or any agent of the Trustee, shall be delivered to the Trustee or any agent of the Trustee for cancellation or, if surrendered to the Trustee, shall be cancelled canceled by itit (unless such Securities are to be remarketed pursuant to the terms thereof); and no Securities Securities, Coupons or Guarantees shall be authenticated in exchange thereof or issued in lieu thereof except as expressly permitted by any of the provisions of the this Indenture. On written request of the Issuer at the time of such surrender, the The Trustee shall deliver to the Issuer the Securities cancelled by the Trustee. In the absence dispose of such requestcanceled Securities, the Trustee shall destroy cancelled Securities Coupons and Guarantees held by it and deliver a certificate of destruction disposition to the Issuer. The Issuer may, to the extent permitted by law, and directly or indirectly (regardless of whether such Securities are surrendered to the Issuer), repurchase Securities of any series in the open market or otherwise, whether by the Issuer or its Subsidiaries or through a private or public tender or exchange offer or through counterparties to private agreementsthe Guarantors, including by cash-settled swaps or other derivativesas the case may be. The Issuer shall cause any Securities so repurchased (other than Securities repurchased pursuant to cash-settled swaps or other derivatives) to be surrendered to the Trustee for cancellation in accordance with this Section 2.10; provided that if If the Issuer or any Guarantor shall acquire any of the SecuritiesSecurities or Coupons, such acquisition shall not operate as a redemption or satisfaction of the indebtedness Indebtedness represented by such Securities or Coupons unless and until the same are delivered to the Trustee or any agent of the Trustee or the agent of the Trustee for cancellation.