Common use of Cancellation of Securities Paid, etc Clause in Contracts

Cancellation of Securities Paid, etc. All Securities 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 Security 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 Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture; provided that, any Security or portion thereof surrendered for repurchase shall only be canceled at such time as such Security or portion thereof has been repurchased pursuant to Article XVI hereof. The Trustee shall destroy canceled Securities (unless the Company directs it to do otherwise) and, after such destruction, shall, if requested by the Company, deliver a certificate of such 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.

Appears in 2 contracts

Samples: Indenture (System Software Associates Inc), Securities Purchase Agreement (System Software Associates Inc)

AutoNDA by SimpleDocs

Cancellation of Securities Paid, etc. All Securities 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 Security 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 Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture; provided that, any Security or portion thereof surrendered for -------- repurchase shall only be canceled at such time as such Security or portion thereof has been repurchased pursuant to Article XVI hereof. The Trustee shall ----------- destroy canceled Securities (unless the Company directs it to do otherwise) and, after such destruction, shall, if requested by the Company, deliver a certificate of such 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.

Appears in 1 contract

Samples: Indenture (System Software Associates Inc)

AutoNDA by SimpleDocs

Cancellation of Securities Paid, etc. All Securities ------------------------------------- surrendered for the purpose of payment, redemption, repurchase, conversionrepayment, exchange or registration of transfer, transfer or for credit against any sinking fund shall, if surrendered to the Company or Company, any Security registrar, any paying agent or any Security registrar other agent of the Company or any conversion agentof the Trustee, be surrendered delivered to the Trustee and promptly canceled cancelled by it, or, if surrendered to the Trustee, shall be promptly canceled cancelled by it, and no Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Third Amended and Restated Indenture; provided that, any Security or portion thereof surrendered for repurchase shall only be canceled at such time as such Security or portion thereof has been repurchased pursuant to Article XVI hereof. The Trustee shall may destroy canceled cancelled Securities (unless the Company directs it to do otherwise) and, after such destruction, shall, if requested by the Company, and deliver a certificate of such destruction to the Company or, at the written request of the Company, shall deliver cancelled Securities to the Company. If the Company shall acquire any of the Securities, however, 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.

Appears in 1 contract

Samples: Indenture Agreement (General Electric Capital Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!