Common use of Cancellation Clause in Contracts

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 24 contracts

Samples: Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc)

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Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities and coupons so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 22 contracts

Samples: Indenture (VIQ Solutions Inc.), Indenture (Encana Corp), Indenture (Encana Corp)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 21 contracts

Samples: Indenture (Hospitality Properties Trust), Indenture (Pep Boys Manny Moe & Jack), Indenture (Deere & Co)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the a Trustee, be delivered to the a Trustee. All securities and coupons so delivered to either Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the either Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the either Trustee (or to any other Person for delivery to the such Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the such Trustee. If the Company shall so 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 surrendered to the a Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the a Trustee shall be disposed of by the such Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 17 contracts

Samples: Indenture (Profound Medical Corp.), Indenture (Triple Flag Precious Metals Corp.), Indenture (Profound Medical Corp.)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company procedures, unless by a Company Order the Company shall direct that cancelled Securities be returned directs the Trustee to itdeliver a certificate of such destruction to the Company or to return them to the Company.

Appears in 14 contracts

Samples: Indenture (Ares Capital Corp), Indenture (Terra Property Trust, Inc.), Indenture (Terra Property Trust, Inc.)

Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled by it and, if surrendered to the Trustee, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by a Company Order, and certification deliver a certificate of their such disposal delivered to the Company unless upon its request therefor. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.

Appears in 13 contracts

Samples: Indenture (Tech Data Corp), Indenture (Tech Data Corp), Indenture (Alphabet Inc.)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the a Trustee, be delivered to the either Trustee. All Securities and coupons so delivered to either Trustee and shall be promptly cancelled by itsuch Trustee. The Company may at any time deliver to the a Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the either Trustee (or to any other Person for delivery to the such Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the such Trustee. If the Company shall so 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 surrendered to the either Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.10, except as expressly permitted by this Indenture. All cancelled Securities held by the either Trustee shall be disposed of by the such Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 13 contracts

Samples: Indenture (Bragg Gaming Group Inc.), Indenture (New Pacific Metals Corp), Indenture (IM Cannabis Corp.)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities so delivered and any Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by itthe Trustee and such cancellation shall be noted conspicuously on each such Security. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of as directed by the Trustee a Company Order or after 90 days, if not in receipt of such Company Order, shall be disposed of in accordance with its the Trustee's customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itprocedures.

Appears in 12 contracts

Samples: Indenture (Integrated Circuit Systems Inc), Indenture (Sabre Holding Corp), Indenture (Sabre Holdings Corp)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the a Trustee, be delivered to the either Trustee. All Securities so delivered to either Trustee and shall be promptly cancelled by itsuch Trustee. The Company may at any time deliver to the a Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the either Trustee (or to any other Person for delivery to the such Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the such Trustee. If the Company shall so 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 surrendered to the either Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.10, except as expressly permitted by this Indenture. All cancelled Securities held by the either Trustee shall be disposed of by the such Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 12 contracts

Samples: Indenture (Platinum Group Metals LTD), Indenture (KWESST Micro Systems Inc.), Indenture (Cybin Inc.)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment or for conversion shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of as directed by a Company Order or, in the Trustee absence of such Company Order, in accordance with its the Trustee's customary procedures practices. Acquisition by the Company of any Security shall not operate as a redemption or satisfaction of the indebtedness represented by such Security unless and certification of their disposal until the same is delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.

Appears in 12 contracts

Samples: Indenture (Nabors Industries Inc), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Debt Securities of any series, all Debt Securities surrendered for payment, redemption, registration of transfer transfer, exchange or exchange credit against any sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and Trustee. All Registered Securities so delivered shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Debt Securities previously authenticated hereunder which the Company has not issued and soldissued, and all Debt Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Debt Securities shall be authenticated in lieu of or in exchange for any Debt Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Debt Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless upon Company Request. The acquisition of any Debt Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the indebtedness represented thereby unless and until such Debt Securities are surrendered to the Trustee for cancellation. Permanent Global Notes shall not be returned to itdestroyed until exchanged in full for definitive Debt Securities or until payment thereon is made in full.

Appears in 11 contracts

Samples: Indenture (Genesee & Wyoming Inc), Senior Indenture (Magnum Hunter Resources Inc), Subordinated Debt Indenture (Bedford Property Investors Inc/Md)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company unless Company, unless, by Company Order the Company shall direct that cancelled Securities be returned Order, the Company directs their return to it.

Appears in 10 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Capitalsource Inc), Indenture (Capitalsource Holdings LLC)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.10, except as expressly permitted by this Indenture. All cancelled Cancelled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company procedures, unless by a Company Order the Company shall direct that cancelled Securities be returned directs the Trustee to itdeliver a certificate of such destruction to the Company or to return them to the Company.

Appears in 10 contracts

Samples: Indenture (North Haven Private Income Fund LLC), Indenture (Apollo Debt Solutions BDC), Indenture (HPS Corporate Lending Fund)

Cancellation. All Securities surrendered for payment, redemption, exchange or registration of transfer or exchange for credit against any sinking fund payment, as the case may be, shall, if surrendered to the Company or any Person other than agent of the Company or of the Trustee, be delivered to the Trustee and Trustee. All Registered Securities so delivered shall be promptly cancelled by itthe Trustee, upon written request of the Company. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, Section except as expressly permitted provided by this Indenture. All Any cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its then customary procedures and certification and, upon written request of their disposal delivered the Company, the Trustee shall deliver to the Company unless a certificate of such disposal. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.

Appears in 9 contracts

Samples: Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Amalgamated Financial Corp.)

Cancellation. All Securities and interest coupons appertaining thereto, if any, surrendered for payment, redemption, conversion, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Securities, together with interest coupons appertaining thereto, if any, previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities Securities, together with interest coupons appertaining thereto, if any, previously authenticated hereunder which the Company has not issued and sold, and all Securities and interest coupons so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.9, except as expressly permitted by this Indenture. All cancelled Securities and interest coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures procedures, and certification of their disposal delivered the Trustee shall thereafter deliver to the Company unless by Company Order the Company shall direct that cancelled Securities be returned a certificate with respect to itsuch disposition.

Appears in 9 contracts

Samples: Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc), Senior Indenture (Mapco Inc)

Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the TrusteePaying Agent, be delivered to the Trustee Paying Agent for cancellation and shall be promptly cancelled by it and, if surrendered to the Paying Agent, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee Paying Agent for cancellation any Securities previously authenticated and delivered hereunder which that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellationPaying Agent. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Paying Agent shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by a Company Order, and certification deliver a certificate of their such disposal delivered to the Company unless upon its request therefor. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Paying Agent for cancellation.

Appears in 8 contracts

Samples: Indenture (MicroAlgo Inc.), Indenture (WiMi Hologram Cloud Inc.), Indenture (MicroCloud Hologram Inc.)

Cancellation. All Unless otherwise specified pursuant to Section 3.1 for Debt Securities of any series, all Debt Securities surrendered for payment, redemption, registration of transfer transfer, exchange or exchange credit against any sinking fund shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and Trustee. All Debt Securities so delivered shall be promptly cancelled canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Debt Securities previously authenticated hereunder which the Company has not issued and soldissued, and all Debt Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Debt Securities shall be authenticated in lieu of or in exchange for any Debt Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Debt Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification procedures. The acquisition of their disposal delivered to the Company unless any Debt Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the indebtedness represented thereby unless and until such Debt Securities be returned are surrendered to itthe Trustee for cancellation.

Appears in 8 contracts

Samples: Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc), Indenture (Reinsurance Group of America Inc)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and for any such purpose (as well as the Guarantees appertaining thereto) shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 8 contracts

Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities and coupons so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and and, if requested by the Company in writing, the Trustee shall provide certification of their disposal delivered to the Company Company, unless by Company Order the Company shall timely direct that cancelled Securities be returned to it.

Appears in 7 contracts

Samples: Indenture (Singular Genomics Systems, Inc.), Indenture (Lifevantage Corp), Indenture (Coca-Cola European Partners Us, LLC)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities and coupons so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness Indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 7 contracts

Samples: Indenture (New Gold Inc. /FI), Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of retained by the Trustee in accordance with its customary procedures and certification the record retention requirements of their disposal delivered to the Exchange Act. The Company unless by Company Order may direct the Company shall direct that cancelled Securities be returned Trustee to itdeliver a certificate of such cancellation to the Company.

Appears in 7 contracts

Samples: Indenture (First Guaranty Bancshares, Inc.), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by Company Order the Company shall direct that cancelled Securities be returned Order, the Company directs their return to it.

Appears in 7 contracts

Samples: Senior Indenture (Liberty Property Limited Partnership), Senior Indenture (Liberty Property Limited Partnership), Indenture (Liberty Property Limited Partnership)

Cancellation. All Securities Notes surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and at its Corporate Trust Office. All Notes so delivered shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities Notes previously authenticated hereunder which the Company has not issued and soldissued, and all Securities Notes so delivered shall be promptly cancelled by the Trustee. If No Notes shall be authenticated in lieu of or in exchange for any Notes cancelled as provided in this Section, except as permitted by this Indenture. All cancelled Notes held by the Trustee shall be delivered to the Company shall so acquire upon Company Request. The acquisition of any of Notes by the Securities, however, such acquisition Company shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities thereby unless and until the same such Notes are surrendered to the Trustee for cancellation. No Securities The Notes shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall not be disposed of by the Trustee until exchanged in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itfull for Definitive Notes or until payment thereon is made in full.

Appears in 7 contracts

Samples: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder or registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which that the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 7 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Interliant Inc)

Cancellation. All Securities and coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures destroyed and certification of their disposal destruction delivered to the Company Company, unless by Company an Order of the Company shall direct that cancelled canceled Securities be returned to itthe Company. The repayment of any principal amount of Securities pursuant to such option of the Holder to require repayment of Securities before their Stated Maturity, for purposes of this Section 309, shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, at its option, shall deliver or surrender the same to the Trustee with an Order that such Securities be canceled.

Appears in 7 contracts

Samples: Indenture (New Nisource Inc), Indenture (Nipsco Industries Inc), Indenture (New Nisource Inc)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.

Appears in 7 contracts

Samples: Indenture (Applied Extrusion Technologies Inc /De), Indenture (Gb Property Funding Corp), Indenture (Gb Property Funding Corp)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures or as directed by a Company Order, and certification the Trustee shall deliver to the Company a certificate evidencing the disposition of their disposal the cancelled Securities upon its request therefor. Acquisition by the Company of any Security shall not operate as a redemption or satisfaction of the indebtedness represented by such Security unless and until the same is delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.

Appears in 6 contracts

Samples: Subordinated Indenture (Principal Financial Services Inc), Junior Subordinated Indenture (Principal Financial Group Inc), Junior Subordinated Indenture (Principal Financial Group Inc)

Cancellation. All Securities surrendered for payment, redemption, redemption or registration of transfer or exchange exchange, or for credit against any sinking fund payment, shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by itfor cancellation. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold. The Registrar and the Paying Agent shall forward to the Trustee any Securities surrendered to them for transfer, exchange or payment. The Trustee, at the written direction of the Company, or, at the written direction of the Company, the Registrar or the Paying Agent (if the Trustee is not serving in those capacities), and no one else, shall cancel and dispose of (subject to the record retention requirements of the Exchange Act and the Trustee) in accordance with its standard procedures, all Securities so delivered shall be promptly cancelled by the Trusteesurrendered for transfer, exchange, payment or cancellation. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness Indebtedness represented by such Securities unless and until the same are surrendered to the Trustee for cancellationcancellation pursuant to this Section 2.12. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 2.12, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 6 contracts

Samples: Indenture (Verastem, Inc.), Indenture (Paratek Pharmaceuticals, Inc.), Indenture (Novavax Inc)

Cancellation. (a) All Securities Certificates surrendered (i) for paymentdelivery of shares of Common Stock on or after any Settlement Date; (ii) upon the transfer of Notes, redemptionthe appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio, or Treasury Securities, as the case may be, after the occurrence of a Termination Event; or (iii) upon the registration of a transfer or exchange of a Unit shall, if surrendered to any Person other than the TrusteeAgent, be delivered to the Trustee and Agent and, if not already cancelled, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee Agent for cancellation any Securities Certificates previously authenticated authenticated, executed and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Certificates so delivered shall shall, upon Issuer Order, be promptly cancelled by the TrusteeAgent. If the Company No Certificates shall so acquire any be authenticated, executed on behalf of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless Holder and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated delivered in lieu of or in exchange for any Securities Certificates cancelled as provided in this Section, except as expressly permitted by this IndentureAgreement. All cancelled Securities Certificates held by the Trustee Agent shall upon written request be disposed returned to the Company. (b) If the Company or any Affiliate of by the Trustee in accordance with its customary procedures Company shall acquire any Certificate, such acquisition shall not operate as a cancellation of such Certificate unless and certification of their disposal until such Certificate is delivered to the Company unless by Company Order the Company shall direct that Agent cancelled Securities be returned to itor for cancellation.

Appears in 6 contracts

Samples: Purchase Contract Agreement (Northwest Natural Gas Co), Purchase Contract Agreement (Ameren Capital Trust Ii), Purchase Contract Agreement (Pinnacle West Capital Corp)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities and coupons so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company procedures, unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 6 contracts

Samples: Indenture (Cablevision Systems Corp), Indenture (CSC Parent Corp), Indenture (CSC Holdings Inc)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the a Trustee, be delivered to the a Trustee. All Securities and coupons so delivered to either Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the either Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the either Trustee (or to any other Person for delivery to the such Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the such Trustee. If the Company shall so 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 surrendered to the a Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the a Trustee shall be disposed of by the such Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 6 contracts

Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or the Guarantor, as the case may be, may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company or the Guarantor shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 6 contracts

Samples: Indenture Agreement (CBS Operations Inc.), Senior Subordinated Indenture (CBS Operations Inc.), Indenture (CBS Operations Inc.)

Cancellation. All Securities and coupons surrendered for ------------ payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and any Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire acquires 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company unless by the Company delivers a Company Order the Company shall direct that cancelled Securities be returned which directs their return to it.

Appears in 6 contracts

Samples: Indenture (Security Capital Group Inc/), Indenture (Homestead Village Inc), Indenture (Security Capital Group Inc/)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 309, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered returned to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.

Appears in 6 contracts

Samples: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company procedures, unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 6 contracts

Samples: Indenture (Atmos Energy Corp), Indenture (Oneok Inc /New/), Indenture (Atmos Energy Corp)

Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the TrusteeTrustee or the Security Registrar, be delivered to the Trustee or the Security Registrar, and any such Securities and Coupons and Securities and Coupons surrendered directly to the Trustee or the Security Registrar for any such purpose shall be promptly cancelled by itthe Trustee or the Security Registrar, as the case may be. The Company may at any time deliver to the Trustee or the Security Registrar for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If Trustee or the Company shall so acquire any of Security Registrar, as 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 surrendered to the Trustee for cancellationcase may be. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this IndentureIndenture or as otherwise specified as contemplated by Section 301. All cancelled Securities and Coupons held by the Trustee or the Security Registrar shall be disposed of returned to the Company by the Trustee in accordance with its customary procedures and certification of their disposal delivered to or the Security Registrar, as the case may be, upon a Company Order. The Trustee shall promptly notify the Company unless by Company Order the Company shall direct that of all cancelled Securities be returned to itSecurities.

Appears in 6 contracts

Samples: Subordinated Indenture (Entegra Financial Corp.), Subordinated Indenture (Southern First Bancshares Inc), Senior Indenture (National City Corp)

Cancellation. All Securities and Coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities and Coupons so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 6 contracts

Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)

Cancellation. All Securities Notes surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Notes so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities Notes previously authenticated hereunder which the Company has not issued and sold, and all Securities Notes so delivered shall be promptly cancelled by the Trustee. If the Company shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities Notes cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities Notes held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities Notes be returned to it.

Appears in 5 contracts

Samples: Indenture (Perry Ellis International Inc), Indenture (Supreme International Corp), Indenture (Borg Warner Security Corp)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of as directed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.

Appears in 5 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Motorola Inc)

Cancellation. (a) All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company or any Subsidiary Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company manner unless by a Company Order the Company shall direct directs that cancelled Securities be returned to itthe Company.

Appears in 5 contracts

Samples: Indenture (Tampa DC, LLC), Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC)

Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Coupons, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be cancelled promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by or pursuant to this IndentureIndenture or the related Series Authorization. All cancelled Securities and Coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures manner and certification the Trustee shall deliver a certificate of their disposal delivered such disposition to the Company upon its written request therefor, unless by a Company Order the Company shall direct directs that the cancelled Securities and Coupons be returned to it.

Appears in 5 contracts

Samples: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (Partnerre Capital Trust Iii)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.

Appears in 5 contracts

Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Avalonbay Communities Inc), Indenture (Bay Apartment Communities Inc)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.9, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered returned to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.

Appears in 5 contracts

Samples: Indenture (Price Legacy Corp), Indenture (Leap Wireless International Inc), Indenture (Excel Legacy Corp)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company Issuer has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company Issuer shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 309, except as expressly permitted by this Indenture. All cancelled Cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered returned to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itIssuer.

Appears in 5 contracts

Samples: Indenture (Nova Cold Logistics ULC), Indenture (Cousins Properties LP), Indenture (Americold Realty Operating Partnership, L.P.)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 309, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.

Appears in 5 contracts

Samples: Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, conversion or registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.

Appears in 5 contracts

Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Bay Apartment Communities Inc), Indenture (Trinet Corporate Realty Trust Inc)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 4 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)

Cancellation. All Securities Notes surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company Co-Issuers may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities Notes previously authenticated hereunder which the Company has Co-Issuers have not issued and sold, and all Securities Notes so delivered shall be promptly cancelled by the Trustee. If any of the Company Co-Issuers shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities Notes cancelled as provided in this SectionSection 308, except as expressly permitted by this Indenture. All cancelled Securities Notes held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company Co-Issuers shall direct that cancelled Securities Notes be returned to it.

Appears in 4 contracts

Samples: Indenture (Telesat Canada), Indenture (Telesat Canada), Indenture (Telesat Canada)

Cancellation. All Securities Security Certificates surrendered for payment, redemption, registration of transfer of any Securities represented thereby or exchange or for credit against any sinking fund payment shall, if the applicable Security Certificate is surrendered to any Person other than the Trustee, be delivered to the Trustee and the Securities represented thereby shall be promptly cancelled by it. The Company Issuer or the Guarantor may at any time deliver to the Trustee for cancellation any Securities one or more Security Certificates previously authenticated and delivered hereunder for cancellation of any Securities represented thereby which the Company Issuer or the Guarantor may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) one or more Security Certificates previously authenticated and delivered hereunder for cancellation of any Securities previously authenticated hereunder represented thereby which the Company Issuer has not issued and sold, and all Securities represented by any Security Certificate so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities Security Certificate shall be authenticated in lieu of or in exchange for any Security Certificate representing Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All Security Certificates representing cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company manner or shall direct that cancelled Securities otherwise be returned to itthe Issuer if directed by an Order.

Appears in 4 contracts

Samples: Indenture (Telefonica Emisiones, S.A.U.), Indenture (Telefonica Emisiones, S.A.U.), Indenture (Telefonica S A)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 3.9, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.

Appears in 4 contracts

Samples: Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities so delivered and any Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee and such cancellation shall be noted conspicuously on each such Security. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All Unless the Company directs otherwise by a Company Order, all cancelled Securities held by the Trustee shall may be disposed of by destroyed, but the Trustee in accordance with its customary procedures and certification of their disposal delivered shall not be obligated to so destroy such Securities, and, if any such cancelled Security is destroyed, the Trustee shall furnish to the Company unless by Company Order the Company shall direct that cancelled Securities be returned a certificate with respect to itsuch destruction.

Appears in 4 contracts

Samples: Indenture (Eg&g Inc), Indenture (Unova Inc), Indenture (Owens Corning)

Cancellation. All Securities Notes surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and at its Corporate Trust Office. All Notes so delivered shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities Notes previously authenticated hereunder which the Company has not issued and soldissued, and all Securities Notes so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities Notes cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities Notes held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless upon Company Request. The acquisition of any Notes by Company Order the Company shall direct that cancelled Securities not operate as a redemption or satisfaction of the indebtedness represented thereby unless and until such Notes are surrendered to the Trustee for cancellation. Permanent Global Notes shall not be returned to itdisposed of until exchanged in full for definitive Notes or until payment thereon is made in full.

Appears in 4 contracts

Samples: Indenture (MGM Mirage), Indenture (MGM Mirage), Indenture (MGM Mirage)

Cancellation. The Company at any time may deliver Securities to the Trustee for cancellation. The Trustee and no one else shall cancel all Securities surrendered for registration of transfer, exchange, payment, replacement or cancellation and shall retain or destroy canceled Securities in accordance with its normal practices (subject to the record retention requirement of the Exchange Act) unless the Company directs them to be returned to it. The Company may not issue new Securities to replace Securities that have been redeemed or paid or that have been delivered to the Trustee for cancellation. All Securities surrendered for payment, redemption, registration of [conversion,] transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Notwithstanding any other provision of this Indenture, the Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 2.9, except as expressly permitted by this Indenture. All cancelled canceled Securities held shall be destroyed by the Trustee shall be disposed of by and the Trustee in accordance with its customary procedures and certification of their disposal delivered shall deliver to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to ita certificate of such destruction.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Spinnaker Exploration Co), Junior Subordinated Indenture (Dynegy Capital Trust Iii), Junior Subordinated Indenture (Continental Airlines Finance Trust Iii)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company Issuer has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company Issuer shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Issuer, unless the Trustee is otherwise directed by Company Order the Company shall direct that cancelled Securities be returned to itan Issuer Order.

Appears in 4 contracts

Samples: Indenture (American Standard Companies Inc), Indenture (First Industrial Realty Trust Inc), Indenture (American Standard Companies Inc)

Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Coupons, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company Issuer or the Guarantor (if the Security is a Guaranteed Security) may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer or the Guarantor (if the Security is a Guaranteed Security) may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be cancelled promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company Trustee, unless by Company an Issuer Order or Guarantor Order the Company shall direct that cancelled Securities be returned Issuer or the Guarantor, as the case may be, directs their return to it.

Appears in 4 contracts

Samples: Indenture (Reckson Associates Realty Corp), Indenture (Reckson Associates Realty Corp), Indenture (Highwoods Forsyth L P)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with according to its customary procedures and certification and, upon written request of their disposal delivered the Company, the Trustee shall deliver to the Company unless a certificate of such disposition. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.

Appears in 4 contracts

Samples: Indenture (Southside Bancshares Inc), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities so delivered to the Trustee and shall be promptly cancelled by it. The Company Corporation may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Corporation may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company Corporation has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company Corporation shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and procedures, and, upon written request of the Corporation, certification of their disposal shall be delivered to the Company Corporation by the Trustee unless by Company Corporation Order the Company Corporation shall direct that cancelled Securities be returned to it.

Appears in 4 contracts

Samples: Indenture (Ovintiv Inc.), Indenture (Ovintiv Inc.), Indenture (Encana Corp)

Cancellation. (a) All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company manner, unless by a Company Order the Company shall direct directs that cancelled Securities be returned to itthe Company.

Appears in 4 contracts

Samples: Indenture (Molina Healthcare Inc), Indenture (Teekay Shipping Corp), Indenture (Molina Healthcare Inc)

Cancellation. All Securities Notes surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Notes surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities Notes previously authenticated hereunder which the Company has not issued and sold, and all Securities Notes so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities cancelled Notes canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities Canceled Notes held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company unless Company, unless, by Company Order the Company shall direct that Order, the Company directs the return of such cancelled Securities be returned Notes to itthe Company.

Appears in 4 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange exchange, or for credit against any sinking fund payment, shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and all Securities so delivered shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, whatsoever (including Securities received by the Company in exchange or payment for other Securities of the Company) and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered to the Trustee shall be promptly cancelled canceled by the Trustee. If the The Company shall so acquire any of the Securitiesmay not reissue, howeveror issue new Securities to replace, such acquisition shall not operate as a redemption Securities it has paid for or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such disposition to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itupon receipt of a request therefor.

Appears in 4 contracts

Samples: Indenture (O&M Halyard, Inc.), Indenture (O&M Halyard, Inc.), Indenture (Owens & Minor Inc/Va/)

Cancellation. (a) All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itmanner.

Appears in 4 contracts

Samples: Indenture (Federated National Holding Co), Indenture (Federated National Holding Co), Indenture (Federated National Holding Co)

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Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall deliver to the Company a certificate evidencing the disposition of the cancelled Securities. Acquisition by the Trustee in accordance with its customary procedures Company of any Security shall not operate as a redemption or satisfaction of the indebtedness represented by such Security unless and certification of their disposal until the same is delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.

Appears in 4 contracts

Samples: Subordinated Indenture (Fisher Scientific International Inc), Senior Indenture (Hartford Financial Services Group Inc/De), Senior Indenture (Fisher Scientific International Inc)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this SectionSection 3.09, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company, unless the Trustee is otherwise directed by a Company unless by Company Order the Company shall direct that cancelled Securities be returned to itOrder.

Appears in 4 contracts

Samples: Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc), Indenture (Franchise Finance Corp of America)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures procedures. Acquisition by the Company of any Security shall not operate as a redemption or satisfaction of the indebtedness represented by such Security unless and certification of their disposal until the same is delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.

Appears in 4 contracts

Samples: Senior Indenture (Principal Financial Group Inc), Subordinated Indenture (Principal Financial Group Inc), Subordinated Indenture (Principal Financial Group Inc)

Cancellation. All Debt Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange shallfor credit against any payment in respect of a sinking or analogous fund will, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Debt Securities, as well as Debt Securities surrendered directly to the Trustee and shall for any such purpose, will be cancelled promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder hereunder, which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Debt Securities so delivered shall will be cancelled promptly cancelled by the Trustee. If the Company shall so acquire any of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such No Debt Securities unless and until the same are surrendered to the Trustee for cancellation. No Securities shall will be authenticated in lieu of or in exchange for any Debt Securities cancelled as provided in this Section, except as expressly permitted by or under this Indenture. All cancelled Debt Securities and Coupons held by the Trustee shall will be disposed of by the Trustee in accordance with its customary procedures procedure for the disposition of cancelled Debt Securities, and certification the Trustee, upon the written request of their disposal delivered the Company, will deliver to the Company a certificate of such disposition, unless by a Company Order the Company shall direct that cancelled Debt Securities or Coupons shall be returned to itthe Company.

Appears in 4 contracts

Samples: Indenture (City Holding Co), Indenture (City Holding Co), Indenture (City Holding Co)

Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer transfer, exchange or exchange conversion or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Coupons, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be canceled promptly cancelled by itthe Trustee. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities or Coupons previously authenticated and delivered hereunder which the Company or the Guarantor may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities or Coupons so delivered shall be canceled promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities or Coupons shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 309, except as expressly permitted by or pursuant to this Indenture. All cancelled canceled Securities and Coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to procedures, unless by a Company Order or Guarantor Order, the Company unless by Company Order or the Company shall direct that cancelled Securities be returned Guarantor directs their return to it.

Appears in 4 contracts

Samples: Indenture (Apache Corp), Indenture (Apache Corp), Indenture (Apache Corp)

Cancellation. All Securities surrendered for payment, redemption, conversion, registration of transfer or exchange or for credit against any sinking fund payment or analogous obligation shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by itit in accordance with its customary procedures. The Company and or Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or the Guarantor may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has or the Guarantor have not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of as reasonably directed by the Trustee a Company Order in accordance with its the Trustee’s customary procedures and certification of their disposal delivered procedure; provided, however, that the Trustee shall not be required to the Company unless by Company Order the Company shall direct that destroy such cancelled Securities be returned to itSecurities.

Appears in 3 contracts

Samples: Subordinated Debt Indenture (NYSE Holdings LLC), Senior Debt Indenture (NYSE Holdings LLC), Senior Debt Indenture (Intercontinental Exchange, Inc.)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee and, if required in accordance with its customary procedures and certification writing by the Company, the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 3 contracts

Samples: Indenture (Provident Companies Inc /De/), Indenture (Unumprovident Financing Trust Iii), Indenture (Unumprovident Financing Trust Iii)

Cancellation. All Unless otherwise provided with respect to a ------------ series of Securities, all Securities and Coupons surrendered for payment, redemption, registration of transfer or exchange shall, or for credit against any sinking fund payment shall if surrendered to the Company, or any Person other than agent of the TrusteeCompany, be delivered to the Trustee and all such Securities and Coupons so delivered shall be promptly cancelled by itthe Trustee. All Bearer Securities and Coupons held by the Trustee pending such cancellation shall be deemed to be delivered for cancellation for all purposes of this Indenture and the Securities. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly Promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Trustee may destroy, unless otherwise agreed to by the Company, all cancelled Securities held by the and Coupons and, in which case, Trustee shall be disposed deliver a certificate of by the Trustee in accordance with its customary procedures and certification of their disposal delivered such destruction to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itCompany.

Appears in 3 contracts

Samples: Multiple Series Indenture (Usx Corp), Multiple Series Indenture (Usx Capital Trust I), Multiple Series Indenture (Usx Capital Trust I)

Cancellation. All Debt Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and at its Corporate Trust Office. All Debt Securities so delivered shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Debt Securities previously authenticated hereunder which the Company has not issued and soldissued, and all Debt Securities so delivered shall be promptly cancelled by the Trustee. If No Debt Securities shall be authenticated in lieu of or in exchange for any Debt Securities cancelled as provided in this Section, except as permitted by this Indenture. All cancelled Debt Securities held by the Trustee shall be delivered to the Company shall so acquire upon Company Request. The acquisition of any of Debt Securities by the Securities, however, such acquisition Company shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities thereby unless and until the same such Debt Securities are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.the

Appears in 3 contracts

Samples: Indenture (Ramparts, Inc.), Indenture (MRG Vegas Portal, Inc.), Indenture (MGM Mirage)

Cancellation. All Securities Notes surrendered for payment, redemption, repayment at the option of the Holder, repurchase, voluntary conversion, Auto-Conversion or registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Notes surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder which that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities Notes previously authenticated hereunder which that the Company has not issued and sold, and all Securities Notes so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so acquire any of the SecuritiesNotes, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities Notes unless and until the same are surrendered to the Trustee for cancellation. No Securities Notes shall be authenticated in lieu of or in exchange for any Securities cancelled Notes canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities Canceled Notes held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 3 contracts

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

Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and Coupons, as well as Securities and Coupons surrendered directly to the Trustee and for any such purpose, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities and Coupons previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities and Coupons previously authenticated hereunder which the Company has not issued and sold, and all Securities and Coupons so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered returned to the Company unless by Company Order upon the Company shall direct that cancelled Securities be returned to itwritten request of the Company.

Appears in 3 contracts

Samples: Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc)

Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled by it and, if surrendered to the Trustee, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by a Company Order, and certification deliver a certificate of their such disposal delivered to the Company unless upon its request therefor. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.

Appears in 3 contracts

Samples: Indenture (Concentrix Corp), Indenture (Concentrix Corp), Indenture (Synnex Corp)

Cancellation. All Securities Certificates surrendered for paymentdelivery of shares of Common Stock on or after the Purchase Contract Settlement Date, redemptionupon the transfer of Preferred Securities or Treasury Securities, as the case may be, after the occurrence of a Termination Event or pursuant to an Early Settlement, or upon the registration of a transfer or exchange of a Security, or a Collateral Substitution or the re-establishment of an Income PRIDES shall, if surrendered to any Person other than the TrusteeAgent, be delivered to the Trustee and Agent and, if not already cancelled, shall be promptly cancelled by it. The Company may at any time deliver to the Trustee Agent for cancellation any Securities Certificates previously authenticated authenticated, executed and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Certificates so delivered shall shall, upon Issuer Order, be promptly cancelled by the TrusteeAgent. If the Company No Certificates shall so acquire any be authenticated, executed on behalf of the Securities, however, such acquisition shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless Holder and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated delivered in lieu of or in exchange for any Securities Certificates cancelled as provided in this Section, except as expressly permitted by this IndentureAgreement. All cancelled Securities Certificates held by the Trustee Agent shall be disposed of destroyed by the Trustee in accordance with its customary procedures Agent unless otherwise directed by Issuer Order. If the Company or any Affiliate of the Company shall acquire any Certificate, such acquisition shall not operate as a cancellation of such Certificate unless and certification of their disposal until such Certificate is delivered to the Company unless by Company Order the Company shall direct that Agent cancelled Securities be returned to itor for cancellation.

Appears in 3 contracts

Samples: Purchase Contract Agreement (Protective Life Corp), Purchase Contract Agreement (MCN Corp), Purchase Contract Agreement (Owens Corning Capital Ii)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuer may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company Issuer has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company Issuer shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Issuer, unless by Company an Issuer Order the Company shall direct that cancelled Securities be returned Issuer directs their return to it.

Appears in 3 contracts

Samples: Supplemental Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty Corp), Indenture (Kimco Realty OP, LLC)

Cancellation. All Securities Unless otherwise specified pursuant to Section 3.01 for Warrants of any series, all Warrants surrendered for payment, redemption, registration of transfer or exchange or otherwise shall, if surrendered to any Person other than the TrusteeWarrant Agent, be delivered to the Trustee Warrant Agent for cancellation and shall be promptly cancelled canceled by it and, if surrendered to the Warrant Agent, shall be promptly canceled by it. The Company may at any time deliver to the Trustee Warrant Agent for cancellation any Securities Warrants previously authenticated and delivered hereunder which that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Warrants so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellationWarrant Agent. No Securities Warrants shall be authenticated in lieu of or in exchange for any Securities cancelled Warrants canceled as provided in this Section, except as expressly permitted by this IndentureAgreement. All cancelled Securities The Warrant Agent shall dispose of all canceled Warrants held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures and certification deliver a certificate of their such disposal delivered to the Company unless Company. The acquisition of any Warrants by Company Order the Company shall direct that cancelled Securities be returned not operate as satisfaction of the obligation represented thereby unless and until such Warrants are surrendered to itthe Warrant Agent for cancellation.

Appears in 3 contracts

Samples: Warrant Agreement (Swedish Export Credit Corp /Swed/), Warrant Agreement (Citigroup Inc), Warrant Agreement (Swedish Export Credit Corp /Swed/)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities so delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered delivered, shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless Unless by Company Order the Company shall direct that directs the return of any cancelled Securities be returned to it, all cancelled Securities shall be destroyed by the Trustee and upon written request of the Company the Trustee shall deliver its certificate of such destruction to the Company.

Appears in 3 contracts

Samples: Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New)

Cancellation. All Securities Unit Certificates surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, the Warrant Agent or the Agent, as appropriate, be delivered to the Trustee and Trustee, the Warrant Agent and/or the Agent, as appropriate, and, if not already canceled, [list constituent securities] evidenced by such Units shall be promptly cancelled canceled by itthe Trustee, the Warrant Agent and/or the Agent, as appropriate. The Company Corporation may at any time deliver to the Trustee Trustee, the Warrant Agent and/or the Agent, as appropriate, for cancellation any Securities Unit Certificates previously authenticated authenticated, countersigned and delivered hereunder hereunder, under the Warrant Agreement and under the Indenture, which the Company Corporation may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Unit Certificates so delivered shall shall, upon Issuer Request of the Corporation, be promptly cancelled canceled by the Trustee, Warrant Agent and/or the Agent, as appropriate. No Unit Certificates shall be authenticated, countersigned and executed in lieu of or in exchange for any Unit Certificates canceled as provided in this Section, except as permitted by this Agreement. All canceled Unit Certificates held by the Agent shall be disposed of in accordance with its customary procedures and a certificate of their disposition shall be delivered by the Agent to the Corporation, unless by Issuer Request the Corporation shall direct that canceled Unit Certificates be returned to it. If the Company Corporation or any Affiliate of the Corporation shall so acquire any of the Securities, howeverUnit Certificate, such acquisition shall not operate as a redemption or satisfaction cancellation of the indebtedness represented by such Securities Unit Certificate unless and until the same are surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal such Unit Certificate is delivered to the Company unless by Company Order Trustee, the Company shall direct that cancelled Securities be returned to itWarrant Agent and/or the Agent, as appropriate, for the purpose of cancellation.

Appears in 3 contracts

Samples: Unit Agreement (J P Morgan Chase & Co), Unit Agreement (Morgan Stanley Dean Witter & Co), Unit Agreement (Morgan Stanley Dean Witter Discover & Co)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 3 contracts

Samples: Indenture (New Plan Realty Trust), Indenture (Pse&g Capital Trust Iii), Indenture (New Plan Excel Realty Trust Inc)

Cancellation. All Securities and coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons, as well as Securities and coupons surrendered directly to the Trustee and for any such purpose, shall be promptly cancelled canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by or pursuant to this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered practices, subject to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itapplicable law.

Appears in 3 contracts

Samples: Indenture (Old National Bancorp /In/), Indenture (Onb Capital Trust Vi), Subordinated Indenture (Onb Capital Trust Vi)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities, as well as Securities surrendered directly to the Trustee and for any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or the Guarantor may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which that the Company has not issued and sold, and all Securities so delivered shall be cancelled promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by or pursuant to this Indenture. All cancelled Securities held by the Trustee shall be disposed of cancelled by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company practice, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 3 contracts

Samples: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)

Cancellation. All Securities surrendered for payment, redemptionpurchase by the Company pursuant to Article 3, conversion, redemption or registration of transfer or exchange for the Securities shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the The Company shall so acquire any of the Securities, however, such acquisition shall may not operate as a redemption issue new Securities to replace Securities it has paid for or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered delivered to the Trustee for cancellationcancellation or that any Holder has converted pursuant to Article 11. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 2.10, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification and, following such destruction, the Trustee shall deliver a certificate of their disposal delivered destruction to the Company, unless the Company unless directs by the Company Order that the Company shall direct that cancelled Trustee deliver canceled Securities be returned to itthe Company.

Appears in 3 contracts

Samples: Indenture (Network Associates Inc), Indenture (Network Associates Inc), Indenture (Atmel Corp)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons, and Securities and coupons surrendered directly to the Trustee and for any such purpose, shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itmanner.

Appears in 3 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled canceled by it and, if surrendered to the Trustee, shall be promptly canceled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled The Trustee shall dispose of all canceled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures and certification deliver a certificate of their such disposal delivered to the Company Issuer upon its request therefor. The acquisition of any Securities by the Issuer shall not operate as a redemption or satisfaction of the Indebtedness represented thereby unless by Company Order and until such Securities are surrendered to the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.

Appears in 3 contracts

Samples: Indenture (J C Penney Co Inc), Indenture (SL Green Operating Partnership, L.P.), Indenture (SL Green Operating Partnership, L.P.)

Cancellation. All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any current or future sinking fund payment shall, if surrendered to any Person other than the a Trustee, be delivered to the a Trustee. All securities so delivered to either Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the either Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the either Trustee (or to any other Person for delivery to the such Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the such Trustee. If the Company shall so 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 surrendered to the a Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the a Trustee shall be disposed of by the such Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 3 contracts

Samples: Indenture (Electrovaya Inc.), Indenture (Colliers International Group Inc.), Indenture (Taseko Mines LTD)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee and, if required in accordance with its customary procedures and certification writing by the Company, the Trustee shall deliver a certificate of their disposal delivered such destruction to the Company Company, unless by a Company Order the Company shall direct that cancelled Securities be returned directs their return to it.

Appears in 3 contracts

Samples: Indenture (Provident Companies Inc /De/), Indenture (Provident Companies Inc /De/), Indenture (Union Planters Corp)

Cancellation. All Securities or coupons surrendered for payment, redemption, registration of transfer or exchange exchange, or for credit against any sinking fund payment, shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee and all Registered Securities and matured coupons so delivered shall be promptly cancelled by it. All Bearer Securities and unmatured coupons so delivered shall be held by the Trustee and shall be cancelled. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, whatsoever (including Securities received by the Company in exchange or payment for other Securities of the Company) and may deliver to the Trustee (or to any other Person person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the The Company shall so acquire any of the Securitiesmay not reissue, howeveror issue new Securities to replace, such acquisition shall not operate as a redemption Securities it has paid or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted in the form of Securities for any particular series or as permitted by this Indenture. All cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification evidence of their disposal destruction delivered to the Company unless the Company directs, by Company Order Order, that the Company shall direct that Trustee deliver cancelled Securities be returned to itthe Company.

Appears in 3 contracts

Samples: Indenture (Litton Industries Inc), Indenture (Litton Industries Inc), Indenture (Litton Industries Inc)

Cancellation. (a) All Securities surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to itmanner.

Appears in 3 contracts

Samples: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (FEDNAT HOLDING Co)

Cancellation. All Securities surrendered for payment, conversion, redemption, registration of transfer or exchange exchange, or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its then customary procedures and certification and, upon written request of their disposal delivered the Company, the Trustee shall deliver to the Company unless a certificate of such disposition. The acquisition of any Securities by Company Order the Company shall direct that cancelled not operate as a redemption or satisfaction of the Indebtedness represented thereby unless and until such Securities be returned are surrendered to itthe Trustee for cancellation.

Appears in 3 contracts

Samples: Indenture (Berkshire Hills Bancorp Inc), Indenture (Berkshire Hills Bancorp Inc), Indenture (Berkshire Hills Bancorp Inc)

Cancellation. All Securities Certificates surrendered (i) for paymentseparation as provided in Section 3.6 hereof, redemption(ii) in connection with a remarketing and redemption as provided in the Declaration, the Warrant Agreement and Article V hereof or (iii) upon the transfer of Preferred Securities, Debentures (as applicable) or Warrants upon the registration of a transfer or exchange of a Unit or any of its components shall, if surrendered to any Person other than the TrusteeUnit Agent, be delivered to the Trustee and Unit Agent and, if not already cancelled, shall be promptly cancelled by itit upon such surrender. The Company and the Trust may at any time deliver to the Trustee Unit Agent for cancellation any Securities Certificates previously authenticated authenticated, executed and delivered hereunder which the Company and the Trust may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Certificates so delivered shall shall, upon Issuer Order, be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellationUnit Agent. No Securities Certificates shall be authenticated authenticated, executed and delivered in lieu of or in exchange for any Securities Certificates cancelled as provided in this Section, except as expressly permitted by this IndentureUnit Agreement. All cancelled Securities Certificates held by the Trustee Unit Agent shall be disposed of held by the Trustee in accordance with its customary procedures Unit Agent or returned to the Company pursuant to an Issuer Order. If the Company, the Trust or any Affiliate of the Company shall acquire any Certificate, such acquisition shall not operate as a cancellation of such Certificate unless and certification of their disposal until such Certificate is delivered to the Company unless by Company Unit Agent for cancellation together with an Issuer Order the Company shall direct that cancelled Securities be returned to ittherefor.

Appears in 3 contracts

Samples: Unit Agreement (New York Community Capital Trust I), Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc)

Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee for cancellation and shall be promptly cancelled by it and, if surrendered to the Trustee, shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Trustee shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by an Order, and certification deliver a certificate of their such disposal delivered to the Company Issuer upon its request therefor. The acquisition of any Securities by the Issuer shall not operate as a redemption or satisfaction of the Indebtedness represented thereby unless by Company Order and until such Securities are surrendered to the Company shall direct that cancelled Securities be returned to itTrustee for cancellation.

Appears in 3 contracts

Samples: Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2013) Ltd.)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange exchange, or for credit against any sinking fund payment, shall, if surrendered to any Person person other than the Trustee, be delivered to the Trustee and all Securities so delivered shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, whatsoever (including Securities received by the Company in exchange or payment for other Securities of the Company) and may deliver to the Trustee (or to any other Person person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the The Company shall so acquire any of the Securitiesmay not reissue, howeveror issue new Securities to replace, such acquisition shall not operate as a redemption Securities it has paid or satisfaction of the indebtedness represented by such Securities unless and until the same are surrendered delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted in the form of Securities for any particular series or as permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification evidence of their disposal destruction delivered to the Company unless the Company directs by Company Order that the Company shall direct that Trustee deliver cancelled Securities be returned to itthe Company.

Appears in 3 contracts

Samples: Indenture (Apartment Investment & Management Co), Indenture (Apartment Investment & Management Co), Indenture (Apartment Investment & Management Co)

Cancellation. All Securities Certificates surrendered (i) for paymentseparation as provided in Section 3.6 hereof, redemption(ii) in connection with a remarketing and redemption as provided in the Declaration, the Warrant Agreement and Article V hereof or (iii) upon the transfer of Preferred Securities, Debentures (as applicable) or Warrants upon the registration of a transfer or exchange of a Security or any of its components shall, if surrendered to any Person other than the TrusteeUnit Agent, be delivered to the Trustee and Unit Agent and, if not already cancelled, shall be promptly cancelled by itit upon such surrender. The Company and the Trust may at any time deliver to the Trustee Unit Agent for cancellation any Securities Certificates previously authenticated authenticated, executed and delivered hereunder which the Company and the Trust may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Certificates so delivered shall shall, upon Issuer Order, be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellationUnit Agent. No Securities Certificates shall be authenticated authenticated, executed and delivered in lieu of or in exchange for any Securities Certificates cancelled as provided in this Section, except as expressly permitted by this IndentureUnit Agreement. All cancelled Securities Certificates held by the Trustee Unit Agent shall be disposed of held by the Trustee in accordance with its customary procedures Unit Agent or returned to the Company pursuant to an Issuer Order. If the Company, the Trust or any Affiliate of the Company shall acquire any Certificate, such acquisition shall not operate as a cancellation of such Certificate unless and certification of their disposal until such Certificate is delivered to the Company unless by Company Unit Agent for cancellation together with an Issuer Order the Company shall direct that cancelled Securities be returned to ittherefor.

Appears in 3 contracts

Samples: Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc)

Cancellation. All Securities surrendered for payment, redemption, conversion, registration of transfer or exchange or for credit against any sinking fund payment or analogous obligation shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by itit in accordance with its customary procedures. The Company and or Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or a Guarantor may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has or a Guarantor have not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of as reasonably directed by the Trustee a Company Order in accordance with its the Trustee’s customary procedures and certification of their disposal delivered procedure; provided, however, that the Trustee shall not be required to the Company unless by Company Order the Company shall direct that destroy such cancelled Securities be returned to itSecurities.

Appears in 3 contracts

Samples: Senior Debt Indenture (Intercontinentalexchange Inc), Senior Debt Indenture (Intercontinentalexchange Inc), Senior Debt Indenture (Intercontinentalexchange Inc)

Cancellation. All Securities and coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled canceled by itthe Trustee. The Company PEC may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company PEC may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled canceled Securities and coupons held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures destroyed and certification of their disposal destruction delivered to the Company PEC, unless by Company an Order the Company shall direct that cancelled canceled Securities be returned to itPEC. The repayment of any principal amount of Securities pursuant to such option of the Holder to require repayment of Securities before their Stated Maturity, for purposes of this Section 309, shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until PEC, at its option, shall deliver or surrender the same to the Trustee with an Order that such Securities be canceled.

Appears in 3 contracts

Samples: Indenture (Peoples Energy Corp), Indenture (Pec Funding Trust I), Indenture (Pec Funding Trust I)

Cancellation. All Securities and coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee, and any such Securities and coupons and Securities and coupons surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Cancelled Securities and coupons held by the Trustee shall be disposed of destroyed by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company procedures, unless by a Company Order the Company shall direct that cancelled Securities be returned directs the Trustee to itdeliver a certificate of such destruction to the Company or to return them to the Company.

Appears in 3 contracts

Samples: Indenture (PennantPark Floating Rate Capital Ltd.), Indenture (Pennantpark Investment Corp), Indenture (Medley Capital Corp)

Cancellation. All Unless otherwise specified pursuant to Section 3.01 for Securities of any series, all Securities surrendered for payment, redemption, registration of transfer or exchange or credit against any sinking fund or otherwise shall, if surrendered to any Person other than the TrusteePaying Agent, be delivered to the Trustee Paying Agent for cancellation and shall be promptly cancelled by it and, if surrendered to the Paying Agent, shall be promptly cancelled by it. The Company Issuer may at any time deliver to the Trustee Paying Agent for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellationPaying Agent. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All The Paying Agent shall dispose of all cancelled Securities held by the Trustee shall be disposed of by the Trustee it in accordance with its then customary procedures procedures, unless otherwise directed by an Order, and certification deliver a certificate of their such disposal delivered to the Company Issuer upon its request therefor. The acquisition of any Securities by the Issuer shall not operate as a redemption or satisfaction of the Indebtedness represented thereby unless by Company Order and until such Securities are surrendered to the Company shall direct that cancelled Securities be returned to itPaying Agent for cancellation.

Appears in 3 contracts

Samples: Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)

Cancellation. All Except as otherwise specified as contemplated by Section 301 for Securities of any series, all Securities and coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and and, if not theretofore cancelled, shall be promptly cancelled by it. The Except as otherwise specified as contemplated by Section 301 for Securities of any series, the Company may at any time deliver to the Trustee for cancellation any Securities or coupons previously authenticated and delivered hereunder which that the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (whatsoever or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which that the Company has not issued and sold, and all Securities or coupons so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities or coupons cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities or coupons held by the Trustee shall be disposed of by destroyed and the Trustee in accordance with its customary procedures and certification of their disposal delivered shall furnish an affidavit to the Company (setting forth the serial numbers of such Securities) attesting to such destruction unless by a Company Order the Company shall direct that the cancelled Securities or coupons be returned to it.

Appears in 3 contracts

Samples: Indenture (China Gerui Advanced Materials Group LTD), Indenture (China Security & Surveillance Technology, Inc.), Indenture (Headwaters Inc)

Cancellation. All Securities Notes surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee and and, if not already canceled, shall be promptly cancelled canceled by it. The Company and any Guarantor may at any time deliver to the Trustee for cancellation any Securities Notes previously authenticated and delivered hereunder which the Company or such Guarantor may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Notes so delivered shall be promptly cancelled canceled by the Trustee. The Registrar and the Paying Agent shall forward to the Trustee any Notes surrendered to them for registration of transfer or exchange, redemption or payment. The Trustee and no one else shall cancel all Notes surrendered for registration of transfer, exchange, payment, replacement or cancellation. No Notes shall be authenticated in lieu of or in exchange for any Notes canceled as provided in this Section 3.10, except as expressly permitted by this Indenture. All canceled Notes held by the Trustee shall be destroyed and certification of their destruction delivered to the Company unless by a Company Order the Company shall direct that the canceled Notes be returned to it. The Trustee shall provide the Company a list of all Notes that have been canceled from time to time as requested by the Company. If the Company shall so acquire or any Affiliate of the Securities, howeverCompany acquires any Notes (other than by redemption pursuant to Section 13.07 or an Offer pursuant to Section 10.11 or 10.16), such acquisition shall not operate as a redemption or satisfaction of the indebtedness Indebtedness represented by such Securities Notes unless and until the same such Notes are surrendered delivered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 3 contracts

Samples: Indenture (Pentacon Industrial Group Inc), Indenture (Best Built Inc), Indenture (Gillette Dairy of the Black Hills Inc)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and shall be promptly cancelled by it. The Company may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, and may deliver to the Trustee (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. If the Company shall so 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 surrendered to the Trustee for cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures and certification of their disposal delivered to the Company unless by Company Order the Company shall direct that cancelled Securities be returned to it.

Appears in 3 contracts

Samples: Euro Securities Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)

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