Common use of Cancellation Clause in Contracts

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, if not already cancelled, 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. 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 thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 37 contracts

Samples: Indenture (Eplus Inc), Subordinated Indenture (Eplus Inc), Indenture (Pioneer Energy Services Corp)

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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 TrusteePaying Agent, be delivered to the Trustee and, if not already cancelled, Paying Agent and shall be promptly cancelled by it. The Company Issuer or a Guarantor may at any time deliver to the Trustee Paying Agent for cancellation any Securities previously authenticated and delivered hereunder which that the Company Issuer or such Guarantor may have acquired in any manner whatsoever, and may deliver to the Trustee Paying Agent (or to any other Person for delivery to the Trustee) for cancellation any Securities previously authenticated hereunder which that the Company Issuer has not issued and sold, and all Securities so delivered shall be promptly cancelled by the TrusteePaying 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 cancelled Securities held by the Trustee Paying Agent shall be disposed of as directed in accordance with the Paying Agent’s then customary procedure unless by a Company Order, and an Issuer Order the Trustee Issuer shall thereafter deliver direct that cancelled Securities be returned to the Company a certificate with respect to such depositionit.

Appears in 33 contracts

Samples: Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, Inc.)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer transfer, exchange, or exchange or for credit against any a sinking or analogous fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelledcanceled, 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. Acquisition of such Securities by the Company shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are delivered to the Trustee for cancellation. No Securities Security 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 Securities held by the The Trustee shall be disposed dispose of as directed by all canceled Securities in accordance with its customary procedures and deliver a Company Order, and the Trustee shall thereafter deliver certificate of such disposition to the Company a certificate with respect to such depositionCompany.

Appears in 31 contracts

Samples: Indenture (PepsiCo Singapore Financing I Pte. Ltd.), Indenture (Nymox Pharmaceutical Corp), Indenture (Nymox Pharmaceutical Corp)

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, if not already cancelledfor 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. 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 as directed destroyed by the Trustee, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.

Appears in 29 contracts

Samples: Indenture (Safeco Corp), Indenture (Safeco Corp), Indenture (Inmc Mortgage Holdings 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 and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Partnership may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Partnership 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 Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 Orderin accordance with its customary procedures, and the Trustee shall thereafter deliver to the Company Partnership a certificate with respect to such depositiondisposition.

Appears in 18 contracts

Samples: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (Kinder Morgan Bulk Terminals Inc)

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, if not already cancelled, 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. 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; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncancelled Securities.

Appears in 16 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (EP Energy LLC)

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, if not already cancelled, and shall be promptly cancelled by it. The Company or any Guarantor may at any time deliver to the Trustee for cancellation any Securities 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 so delivered shall be promptly cancelled by the Trustee. 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 Securities held by the Trustee shall be disposed of as directed by a Company Order, and the in accordance with its customary procedures. The Trustee shall thereafter deliver to provide the Company or any Guarantor a certificate with respect list of all Securities that have been cancelled from time to time as requested, in writing, by the Company or such depositionGuarantor.

Appears in 13 contracts

Samples: Subordinated Indenture (Royalty Pharma Holdings Ltd.), Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)

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, if not already cancelled, 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. 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 in accordance with its customary procedures as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondisposition.

Appears in 13 contracts

Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (Madrigal Pharmaceuticals, 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 and, if not already cancelled, 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 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 so delivered shall be promptly cancelled by the Trustee. 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 as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositionits customary procedures.

Appears in 13 contracts

Samples: Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)

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, if not already cancelled, 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. 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 Orderin accordance with its customary procedures, and the Trustee shall thereafter thereafter, from time to time upon written request, deliver to the Company a certificate with respect to such depositiondisposition.

Appears in 12 contracts

Samples: Indenture (Community West Bancshares), Indenture (Community West Bancshares), Indenture (Central Valley Community Bancorp)

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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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 Issuers have not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 an Issuer Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.

Appears in 10 contracts

Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp)

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, if not already cancelled, Trustee. All Securities so delivered 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 to the Trustee shall be promptly cancelled by the Trustee. 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 in accordance with the Trustee’s customary procedure unless otherwise directed by a Company Order; provided, and however, that the Trustee may, but shall thereafter deliver to the Company a certificate with respect to not be required to, destroy such depositioncancelled Securities.

Appears in 10 contracts

Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Metro Capital Trust V)

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, if not already cancelledfor 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. 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 as directed destroyed by the Trustee, unless by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect directs their return to such depositionit.

Appears in 9 contracts

Samples: Indenture Agreement (RJE Telecom of California, Inc.), Indenture Agreement (RJE Telecom of California, Inc.), Indenture (Meridian Bioscience Inc)

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, if not already cancelled, and 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. 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; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncancelled Securities.

Appears in 8 contracts

Samples: Senior Indenture (Mohawk Capital Luxembourg SA), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)

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, if not already cancelled, 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. 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 Until directed otherwise by a Company Order, all cancelled Securities held by the Trustee shall be disposed of conspicuously marked as directed such and thereafter treated in accordance with the Trustee’s document retention policies; provided, however, if any cancelled Security is destroyed by a Company Orderthe Trustee, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondestruction.

Appears in 7 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Marathon Petroleum Corp)

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, if not already cancelledfor 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. 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 as directed destroyed by the Trustee, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.

Appears in 6 contracts

Samples: Junior Subordinated Indenture (Partnerre LTD), Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD)

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, if not already cancelled, and shall be promptly cancelled by it. 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 6 contracts

Samples: Indenture (Blount International Inc), Indenture (Bp PLC), Indenture (Bp PLC)

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, if not already cancelled, 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. 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 in accordance with its customary procedures as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 5 contracts

Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc), Indenture (Flir Systems 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 and, if not already cancelled, 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. 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 Until directed otherwise by a Corporation Order, all cancelled Securities held by the Trustee shall be disposed of conspicuously marked as directed by a Company Ordersuch and, and if destroyed, the Trustee shall thereafter deliver to the Company Corporation a certificate with respect to such depositiondestruction.

Appears in 5 contracts

Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)

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, if not already cancelledfor 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. 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 as directed destroyed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositioncustomary procedures.

Appears in 5 contracts

Samples: Indenture (KKR Financial Holdings LLC), Indenture (KKR Financial Holdings IV, LLC), Indenture (Brandwein a & Co)

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, if not already cancelled, Trustee. All Securities so delivered shall be promptly cancelled canceled by itthe Trustee. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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 Issuers have not issued and sold, and all Securities so delivered to the Trustee shall be promptly cancelled canceled by the Trustee. 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 in a manner selected by the Trustee unless otherwise directed by a Company an Issuers’ Order; provided, and however, that the Trustee may, but shall thereafter deliver to the Company a certificate with respect to not be required to, destroy such depositioncanceled Securities.

Appears in 5 contracts

Samples: Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer transfer, exchange, or exchange or for credit against any a sinking or analogous fund payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelledcanceled, 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. Acquisition of such Securities by the Company shall not operate as a redemption or satisfaction of the indebtedness represented by such Securities unless and until the same are delivered to the Trustee for cancellation. No Securities Security shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 3.09, except as expressly permitted by this Indenture. All cancelled Securities held by the The Trustee shall be disposed dispose of as directed by all canceled Securities in accordance with its customary procedures and deliver a Company Order, and the Trustee shall thereafter deliver certificate of such disposition to the Company a certificate with respect to such depositionCompany.

Appears in 5 contracts

Samples: Indenture (ITT Corp), Indenture (Exelis Inc.), Indenture (Xylem Inc.)

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, if not already cancelled, 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. 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 held by the Trustee shall be disposed of as directed by a Company Order, and the in accordance with its customary procedures. The Trustee shall thereafter deliver to provide the Company a certificate with respect list of all Securities that have been cancelled from time to such depositiontime as requested by the Company.

Appears in 4 contracts

Samples: Indenture (Chevron Corp), Indenture (Chevron Usa Inc), Indenture (Lindblad Expeditions Holdings, 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, if not already cancelledfor any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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. 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 as directed destroyed by a Company Orderthe Trustee, and unless by an Issuer Order the Trustee shall thereafter deliver Issuers directs their return to the Company a certificate with respect to such depositionit.

Appears in 4 contracts

Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)

Cancellation. All Securities surrendered for payment, redemption, repayment, registration of transfer or exchange or for credit against any sinking fund payment shallpayment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and, if not already cancelled, for any such purpose shall be promptly cancelled by it. The Company Issuers and the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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 so delivered shall be promptly cancelled by the TrusteeTrustee at the direction of the Issuers. No Securities 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 cancelled by it in its customary manner and it shall dispose of canceled Securities in accordance with its procedures for the disposition of canceled securities in effect as directed by a Company Order, and of the Trustee shall thereafter deliver date of such disposition (subject to the Company a certificate with respect to such depositionrecord retention requirements of the Exchange Act).

Appears in 4 contracts

Samples: Indenture (CareTrust REIT, Inc.), Indenture (Renee Avenue Health Holdings LLC), Indenture (Sabra Health Care REIT, Inc.)

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, if not already cancelled, and shall be promptly cancelled by it. The Company or any Guarantor may at any time deliver to the Trustee for cancellation any Securities 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 so delivered shall be promptly cancelled by the Trustee. 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 Securities held by the Trustee shall be disposed of as directed by a Company Order, and the in accordance with its customary procedures. The Trustee shall thereafter deliver to provide the Company or any Guarantor a certificate with respect list of all Securities that have been cancelled from time to time as requested in writing by the Company or such depositionGuarantor.

Appears in 4 contracts

Samples: Indenture (Ares Management Lp), Indenture (Ares Management Lp), Indenture (Carlyle Group L.P.)

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, if not already cancelled, and shall be promptly cancelled by itcanceled. The Company may may, at any time 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. 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 in its customary manner or as directed by a Company Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.

Appears in 4 contracts

Samples: Senior Indenture (Maverick Tube Corporation), Indenture (Maverick Tube Corporation), Indenture (Maverick Tube Corporation)

Cancellation. All Securities surrendered for payment, redemption, conversion, exchange, 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, if not already cancelled, 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. 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 Until directed otherwise by a Company Order, all cancelled Securities held by the Trustee shall be disposed of conspicuously marked as directed such and thereafter treated in accordance with the Trustee’s document retention policies; provided, however, if any cancelled Security is destroyed by a Company Orderthe Trustee, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondestruction.

Appears in 4 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)

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, if not already cancelled, and shall be promptly cancelled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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 Issuers have not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 Securities held by the Trustee shall be disposed of as directed by a Company Order, and the in accordance with its customary procedures. The Trustee shall thereafter deliver provide the Issuers a list of all Securities that have been cancelled from time to time as requested by the Company a certificate with respect to such depositionIssuers.

Appears in 4 contracts

Samples: Indenture (Directv), Indenture (Directv), Indenture (Directv Holdings LLC)

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, if not already cancelled, and shall be promptly cancelled by it. 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 in accordance with its normal procedures unless otherwise directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 4 contracts

Samples: Indenture Agreement (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD)

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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company may at any time deliver to the Trustee for cancellation any Securities securities previously authenticated and delivered hereunder which the Company may have acquired in any manner whatsoever, 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 securities so delivered shall be promptly cancelled canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this Sectionsection, 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, and which shall be effected consistent with such Company Order in accordance with the standard procedures of the Trustee. The Trustee shall thereafter deliver a certificate of each such disposal to the Company a certificate with respect to such depositionCompany.

Appears in 4 contracts

Samples: Indenture (Goodyear Capital Trust I), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

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, if not already cancelled, 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. 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 Orderin accordance with its customary procedures, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondisposition.

Appears in 4 contracts

Samples: Indenture (El Paso Energy Capital Trust Iii), Indenture (El Paso Natural Gas Co), Indenture (Amcv Capital Trust I)

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, if not already cancelled, 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. 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, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 4 contracts

Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Oakwood Homes 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 and, if not already cancelled, and shall be promptly cancelled by it. The Company or any Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or any 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 so delivered shall be promptly cancelled by the Trustee. 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 in accordance with the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionTrustee’s customary procedures.

Appears in 4 contracts

Samples: Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC), Senior Indenture (Medtronic 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, if not already cancelledfor any such purpose, shall be cancelled promptly cancelled by itthe Trustee. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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. 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 as directed destroyed by a Company Orderthe Trustee, and unless by an Issuer Order the Trustee shall thereafter deliver Issuers direct their return to the Company a certificate with respect to such depositionit.

Appears in 4 contracts

Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)

Cancellation. All Securities Debentures 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, if not already cancelled, and promptly shall be promptly cancelled canceled by itthe Trustee. The Company may at any time deliver to the Trustee for cancellation any Securities Debentures 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 Debentures previously authenticated hereunder which the Company has not issued and sold, and all Securities Debentures so delivered promptly shall be promptly cancelled canceled by the Trustee. No Securities Debentures shall be authenticated in lieu of or in exchange for any Securities cancelled Debentures canceled as provided in this Section, except as expressly permitted by this Indenture. All cancelled Securities canceled Debentures held by the Trustee shall be disposed of as directed by a Company Order, and ; provided that the Trustee shall thereafter deliver not be required to destroy the Company a certificate with respect to such depositioncertificates representing the canceled Debentures.

Appears in 4 contracts

Samples: Exchange Agreement (Insignia Financial Group Inc /De/), Indenture (Insignia Financing I), Indenture (Wabash National Corp /De)

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, if not already cancelled, and shall be promptly cancelled by itit in accordance with its customary procedures. 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. 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 a Company OrderOrder in accordance with the Trustee’s customary procedure; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncancelled Securities.

Appears in 3 contracts

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

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, if not already cancelled, and 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. 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 in accordance with the Trustee shall thereafter deliver Trustee’s customary procedures (subject to the Company a certificate with respect to such depositionrecord retention requirements of the Exchange Act).

Appears in 3 contracts

Samples: Indenture (Transocean RIGP DIN Opco LTD), Indenture (Sally Investment Holdings LLC), Indenture (Sally Investment Holdings 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, if not already cancelledfor 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. 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 as directed destroyed by the Trustee in accordance with its customary procedures, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.

Appears in 3 contracts

Samples: Indenture (Kb Home), Subordinated Indenture (Kb Home), Senior Subordinated Indenture (Kb Home)

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, if not already cancelled, and shall be promptly cancelled by it. 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 thereafter deliver to the Company a certificate in accordance with respect to such depositionits customary procedures.

Appears in 3 contracts

Samples: Indenture (Nomura America Finance, LLC), Indenture (Nomura America Finance, LLC), Indenture (American International Group Inc)

Cancellation. All Securities surrendered for payment, redemptionpurchase, conversion, redemption or registration of transfer or exchange or for credit against any sinking fund payment the Securities shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid for or delivered to the Trustee for cancellation or that any Holder has converted pursuant to Article 11 hereof. 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 as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositionits customary procedures.

Appears in 3 contracts

Samples: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/), Indenture (Nabors Industries Inc)

Cancellation. All Debt Securities and Coupons surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund or analogous payment shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Issuer or any Guarantor may at any time deliver to the Trustee for cancellation any Debt Securities previously authenticated and delivered hereunder and Coupons which the Company Issuer or any 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 all Debt Securities previously authenticated hereunder which the Company has not issued and sold, and all Securities Coupons so delivered shall be promptly cancelled canceled by the Trustee. 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 Debt Securities held and Coupons to be canceled by the Trustee shall be marked “Canceled” and shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionin its customary manner.

Appears in 3 contracts

Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)

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, if not already cancelledfor 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. 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 as directed by returned to the Company pursuant to a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 3 contracts

Samples: Indenture (Cox Radio Inc), Indenture (Cox Radio Inc), Indenture (Cox Radio Inc)

Cancellation. All Securities surrendered for payment, redemption, purchase, 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, if not already cancelled, 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. 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, Order and otherwise shall be treated in accordance with the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionTrustee's document retention policies.

Appears in 3 contracts

Samples: Senior Indenture (Quanta Services Inc), Subordinated Indenture (Quanta Services Inc), Subordinated Indenture (Quanta Services 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 and, if not already cancelled, and shall be promptly cancelled by it. The Company Partnership may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Partnership 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 Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 Orderin accordance with its customary procedures, and the Trustee shall thereafter deliver to the Company Partnership a certificate with respect to such depositiondisposition.

Appears in 3 contracts

Samples: Subordinated Indenture (Buckeye Partners, L.P.), Indenture (Buckeye Partners L P), Indenture (Buckeye Partners L P)

Cancellation. All Securities or 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, if not already cancelled, and all Registered Securities and matured coupons so delivered shall be promptly cancelled canceled by it. All Bearer Securities and unmatured coupons so delivered shall be canceled. All Bearer Securities and unmatured 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 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. 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 destroyed and a certificate of as directed by a Company Order, and the Trustee shall thereafter deliver destruction provided to the Company a certificate with respect to such depositionCompany.

Appears in 3 contracts

Samples: Indenture (Times Mirror Co /New/), Indenture (Times Mirror Co /New/), Indenture (Times Mirror Co /New/)

Cancellation. All of the 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, if not already cancelled, and shall be promptly cancelled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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 Issuers have not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionin its customary manner.

Appears in 3 contracts

Samples: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp), Indenture (Amerigas Partners Lp)

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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Issuers may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Issuers 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 Issuers have not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 OrderRequest; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.

Appears in 3 contracts

Samples: Senior Debt Indenture (Jefferies Group Capital Finance Inc.), Senior Debt Indenture (Jefferies Group Capital Finance Inc.), Subordinated Debt Indenture (Jefferies Group Capital Finance Inc.)

Cancellation. All Securities surrendered for payment, redemption-------------------------- purchase by the Company pursuant to Article 3, conversion, redemption or registration of transfer or 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, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation 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 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 thereafter deliver to in accordance with the Company a certificate with respect to such depositionTrustee's customary procedure.

Appears in 3 contracts

Samples: Indenture (Kohls Corporation), Indenture (Lowes Companies Inc), Indenture (Lowes Companies 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 and, if not already cancelled, and shall be promptly cancelled by it. The Company and 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 3 contracts

Samples: Indenture Agreement (PROCTER & GAMBLE Co), Indenture (Procter & Gamble International Funding SCA), Indenture (Procter & Gamble International Funding SCA)

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, if not already cancelled, for any such purpose shall be promptly cancelled by itthe Trustee and all Securities of any Series or Issue delivered to the Trustee for credit against any Sinking Fund payment in respect of such Series or Issue pursuant to Section 1202 shall be promptly cancelled by the 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. 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 destroyed and certification of as directed their destruction delivered to the Company unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect shall direct that cancelled Securities be returned to such depositionit.

Appears in 3 contracts

Samples: Indenture (Anheuser Busch Companies Inc), Indenture (Anheuser Busch Companies Inc), Indenture (Anheuser Busch Companies 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 and, if not already cancelled, and shall be promptly cancelled by it. 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 or in the Trustee shall thereafter deliver to absence of such Company Order in accordance with the Company a certificate with respect to such depositionTrustee’s customary practices.

Appears in 3 contracts

Samples: Indenture (Rinker Group LTD), Indenture (Rinker Group LTD), Indenture (Rinker Group LTD)

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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Corporation or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Corporation 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 Corporation has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 Guarantor Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.

Appears in 3 contracts

Samples: Senior Indenture (Sempra Energy), Senior Indenture (Sempra Energy Global Enterprises), Senior Indenture (Sempra Energy Global Enterprises)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against or any sinking fund payment Offer to Purchase pursuant to Section 10.19 or 10.21 shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. 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 destroyed in accordance with the Trustee's customary procedures unless by a Company OrderOrder the Company shall direct that cancelled Securities be returned to it or a certification of their destruction delivered to the Company. If the Company shall acquire any Securities, such acquisition shall not operate as a redemption or satisfaction of indebtedness unless and until the same are delivered to the Trustee shall thereafter deliver to the Company a certificate with respect to such depositionfor cancellation.

Appears in 3 contracts

Samples: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)

Cancellation. All Securities surrendered for payment, redemptionpurchase, conversion, redemption or registration of transfer or exchange or for credit against any sinking fund payment the Securities shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid for or delivered to the Trustee for cancellation 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 as directed destroyed by a Company Orderthe Trustee and, and following such destruction, the Trustee shall thereafter deliver a certificate of destruction to the Company, unless the Company a certificate with respect directs by the Company Order that the Trustee deliver canceled Securities to such depositionthe Company.

Appears in 3 contracts

Samples: Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp)

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, if not already cancelledfor 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. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Sectionsection, except as expressly permitted by or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of as directed destroyed by the Trustee, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.

Appears in 3 contracts

Samples: Indenture (Convergys Corp), Indenture (Mgic Investment Corp), Indenture (Mgic Investment Corp)

Cancellation. All Securities and Coupons surrendered for payment, redemption, registration of transfer or transfer, exchange or for credit against any sinking fund payment shall, if surrendered to any Person other than the Trustee, be promptly delivered to the Trustee, and any such Securities and Coupons, as well as Securities and Coupons surrendered directly to the Trustee and, if not already cancelledfor 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. 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 as directed by the Trustee in accordance with its customary procedures, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.

Appears in 3 contracts

Samples: Indenture (WPC Eurobond B.V.), Indenture (W. P. Carey Inc.), Indenture (American Honda Finance 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 and, if not already cancelled, and shall be promptly cancelled by it; provided, however, that if surrendered to any Authenticating Agent, such Securities shall be promptly cancelled by such Authenticating Agent and forwarded to the 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. 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 ; provided that the Trustee shall thereafter deliver not be required to dispose of securities in a manner deemed impracticable by the Company a certificate with respect to such depositionTrustee.

Appears in 3 contracts

Samples: Indenture (Tribune Co), Trust Indenture (Tribune Co), Indenture (Tribune Co)

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 TrusteeTrustee or the Security Registrar, be delivered to the Trustee andor the Security Registrar, if not already cancelled, and any such Securities and Securities 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 TrusteeTrustee or the Security Registrar, as the case 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 3.01. All cancelled Securities held by the Trustee shall be disposed of as directed retained by a Company Order, and the Trustee and disposed in accordance with its customary practices. The Trustee upon written request shall thereafter deliver to promptly notify the Company a certificate with respect to such depositionof all cancelled Securities.

Appears in 3 contracts

Samples: Subordinated Indenture (BNC Bancorp), Subordinated Indenture (Eagle Bancorp Inc), Subordinated Indenture (Eagle Bancorp 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 Trustee, be delivered to the Trustee. All Securities and coupons so delivered to the Trustee and, if not already cancelled, shall be promptly cancelled canceled by it. The Company may at any time Corporation shall 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 canceled by the Trustee. 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 canceled Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver in accordance with its customary procedures and certification of their disposal delivered to the Company a certificate with respect Corporation unless by Corporation Order the Corporation shall direct that canceled Securities be returned to such depositionit.

Appears in 3 contracts

Samples: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.), Indenture (Agrium 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, and any such Securities surrendered directly to the Trustee and, if not already cancelled, 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 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 by the Trustee. 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 destroyed by a Company Order, the Trustee and the Trustee shall thereafter deliver a certificate of such destruction to the Company a certificate with respect to such depositionCompany.

Appears in 3 contracts

Samples: Supplemental Indenture (Albertsons Companies, Inc.), Supplemental Indenture (Safeway Stores 42, Inc.), Supplemental Indenture (Albertsons Companies, Inc.)

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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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Partnership may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that the Company Partnership 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 Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 Orderin accordance with its customary practices, and the Trustee shall thereafter deliver to the Company Partnership a certificate with respect to such depositiondisposition from time to time upon written request.

Appears in 2 contracts

Samples: Indenture (Sanchez Production Partners LP), Indenture (Sanchez Production Partners LP)

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, if not already cancelledfor 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. 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 as directed by a Company Order, and the Trustee shall thereafter deliver returned to the Company a certificate with respect to such depositionCompany.

Appears in 2 contracts

Samples: Indenture (Homeside Lending Inc), Indenture (Homeside Lending 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 and, if not already cancelled, and shall be promptly cancelled by it; provided, however, that if surrendered to any Authenticating Agent, such Securities shall be promptly cancelled by such Authenticating Agent and forwarded to the 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. 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 ; provided that the Trustee shall thereafter deliver not be required to dispose of Securities in a manner deemed impracticable by the Company a certificate with respect to such depositionTrustee.

Appears in 2 contracts

Samples: Indenture (Argyle Television Inc), Indenture (Argyle Television Inc)

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, if not already cancelled, and shall be promptly cancelled by it. The Company or any Guarantor may at any time deliver to the Trustee for cancellation any Securities 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 so delivered shall be promptly cancelled by the Trustee. 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 Securities held by the Trustee shall be disposed of as directed by a Company Order, and the in accordance with its customary procedures. The Trustee shall thereafter deliver to provide the Company or any Guarantor a certificate with respect list of all Securities that have been cancelled from time to time as requested, in writing, by the Company or such depositionGuarantor.

Appears in 2 contracts

Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. 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 and, if not already cancelled, and shall be promptly cancelled by it. The Company Operating Partnership may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Operating Partnership 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 Operating Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 an Operating Partnership Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncancelled Securities.

Appears in 2 contracts

Samples: Indenture Agreement (Vornado Realty Trust), Indenture (Vornado Realty Trust)

Cancellation. All Securities surrendered for payment, redemptionpurchase by the Company pursuant to Article 3 hereof, conversion, redemption or registration of transfer or 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, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation or that any Holder has converted pursuant to Article 11 hereof. 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 thereafter deliver to in accordance with the Company a certificate with respect to such depositionTrustee's customary procedures.

Appears in 2 contracts

Samples: Indenture (RPM International Inc/De/), Indenture (Selective Insurance Group Inc)

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, if not already cancelled, 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. 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 in accordance with the Trustee’s then customary procedures. If requested by the Company, certification of as directed by a Company Order, and the Trustee disposition of all cancelled Securities shall thereafter deliver be delivered to the Company a certificate with respect to such depositionCompany.

Appears in 2 contracts

Samples: Indenture (Anthem, Inc.), Indenture (Anthem, Inc.)

Cancellation. All Unless otherwise provided with respect ------------- to a series of Securities, all Securities and coupons surrendered for payment, redemption, registration of transfer transfer, exchange, repayment or exchange or for credit against any sinking fund payment redemption shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee. All Securities so delivered or surrendered directly to the Trustee and, if not already cancelled, 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. 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 such Securities. All cancelled Securities or coupons held by the Trustee shall be disposed of as directed by a Company Order, the Trustee in accordance with its customary procedures and the Trustee shall thereafter deliver a certificate of such disposition to the Company a certificate with respect to such depositionCompany.

Appears in 2 contracts

Samples: Indenture (National Commerce Bancorporation), Indenture (National Commerce Bancorporation)

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, if not already cancelled, 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. 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 Until directed otherwise by a Company Order, all cancelled Securities held by the Trustee shall be disposed of conspicuously marked as directed by a Company Ordersuch and, and if destroyed, the Trustee shall thereafter deliver to the Company a certificate with respect to such depositiondestruction.

Appears in 2 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Usx 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 Trustee, be delivered to the Trustee and, if not already cancelled, 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 and Coupons so delivered shall be promptly cancelled by the Trustee. No Securities or Coupons 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 held by the Trustee and Coupons shall be disposed of as directed by a Company Order, and the Trustee in accordance with the Trustee’s policy of disposal of cancelled securities or shall thereafter deliver be delivered to the Company a certificate with respect to such depositionupon the Company’s written request.

Appears in 2 contracts

Samples: Indenture (Twenty-First Century Fox, Inc.), Indenture (News Corp)

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, if not already cancelled, 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. 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 in its customary manner. The Trustee shall thereafter deliver to provide the Company with a certificate with respect list of all Securities that have been cancelled from time to such depositiontime as requested in writing by the Company.

Appears in 2 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/)

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 andTrustee. All Securities so delivered, if not already cancelledtogether with the Senior Guarantees endorsed thereon, 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 delivered, together with the Senior Guarantees endorsed thereon, shall be promptly cancelled by the Trustee. 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 Trustee, together with the Senior Guarantees endorsed thereon, shall be disposed of as directed by a Company Order, and ; provided that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositionSecurities.

Appears in 2 contracts

Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services 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 person other than the TrusteeTrustee for such Securities, be delivered to the such Trustee and, if not already cancelled, and shall be promptly cancelled by it. The Company or the Guarantor (in the case of Guaranteed Securities) may at any time deliver to the such Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or the Guarantor (in the case of Guaranteed Securities) 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 such Trustee. 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 such Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositionTrustee's customary practices.

Appears in 2 contracts

Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co LTD)

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, if not already cancelled, and shall be promptly cancelled by it. 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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, . Acquisition by the Company or the Guarantor 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 Trustee shall thereafter deliver to the Company a certificate with respect to such depositionfor cancellation.

Appears in 2 contracts

Samples: Indenture (ING U.S., Inc.), Indenture (Aetna Inc)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or exchange or for credit against any sinking fund payment conversion shall, if surrendered to any Person other than the Trustee, be delivered to the Trustee and, if not already cancelled, and shall be promptly cancelled canceled by it. 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 practices or as directed by a Company Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.

Appears in 2 contracts

Samples: Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.V.)

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, if not already cancelled, and shall be promptly cancelled by it. The Company and 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 by the Trustee in accordance with its customary procedure, unless otherwise directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 2 contracts

Samples: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.)

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, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Companies may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which either of the Company Companies 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 Companies have not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. No Securities shall be authenticated in lieu of or in exchange for or 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 (i) disposed of as directed by a Company Order, and the Trustee in accordance with its standard procedures and, upon the Companies’ written request, a certificate of disposition of the Securities and coupons shall thereafter deliver be provided to the Company a certificate with respect Companies by the Trustee or (ii) returned to such depositionthe Companies upon its request.

Appears in 2 contracts

Samples: Indenture (Genpact LTD), Indenture (Genpact Luxembourg S.a.r.l.)

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, if not already cancelled, shall be promptly cancelled canceled by it. The Company may at any time Corporation shall 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 canceled by the Trustee. 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 canceled Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver in accordance with its customary procedures and certification of their disposal delivered to the Company a certificate with respect Corporation unless by Corporation Order the Corporation shall direct that canceled Securities be returned to such depositionit.

Appears in 2 contracts

Samples: Indenture (Mosaic Co), Indenture (Mosaic Co)

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, if not already cancelled, 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. 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 canceled Securities held by the Trustee shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate in accordance with respect to such depositionits customary practice.

Appears in 2 contracts

Samples: Indenture (Health Management Associates Inc), Indenture (Health Management Associates Inc)

Cancellation. All Securities surrendered for payment, redemption, repayment, registration of transfer or exchange or for credit against any sinking fund payment shallpayment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and, if not already cancelled, for any such purpose shall be promptly cancelled by it. The Company Issuer or the Guarantors 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 has not issued and sold, and all Securities so delivered shall be promptly cancelled by the TrusteeTrustee at the direction of the Issuer. No Securities 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 cancelled by it in its customary manner and it shall dispose of canceled Securities in accordance with its procedures for the disposition of canceled securities in effect as directed by a Company Order, and of the Trustee shall thereafter deliver date of such disposition (subject to the Company a certificate with respect to such depositionrecord retention requirements of the Exchange Act).

Appears in 2 contracts

Samples: Indenture (Perrigo Finance PLC), Indenture (Perrigo Finance PLC)

Cancellation. All Securities surrendered for payment, redemption, repayment, registration of transfer or exchange or for credit against any sinking fund payment shallpayment, if surrendered to any Person other than the Trustee, shall be delivered to the Trustee, and any such Securities and Securities surrendered directly to the Trustee and, if not already cancelled, for any such purpose shall be promptly cancelled by it. The Company Issuer and the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder 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) 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 TrusteeTrustee at the direction of the Issuer. No Securities 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 cancelled by it in its customary manner and it shall dispose of canceled Securities in accordance with its procedures for the disposition of canceled securities in effect as directed by a Company Order, and of the Trustee shall thereafter deliver date of such disposition (subject to the Company a certificate with respect to such depositionrecord retention requirements of the Exchange Act).

Appears in 2 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Health Care Limited Partnership)

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, if not already cancelledfor 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. 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 or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of as directed destroyed by a Company Order, the Trustee and the Trustee shall thereafter deliver prepare and send a certificate of such destruction to the Company a certificate with respect to such depositionCompany.

Appears in 2 contracts

Samples: Subordinated Indenture (Summit Bancorp/Nj/), Senior Indenture (Summit Bancorp/Nj/)

Cancellation. All Securities surrendered for payment, redemption--------------------------- purchase by the Company pursuant to Article 3, conversion, redemption or registration of transfer or 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, if not already cancelled, 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. The Company may not issue new Securities to replace Securities it has paid or delivered to the Trustee for cancellation 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 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 thereafter deliver to in accordance with the Company a certificate with respect to such depositionTrustee's customary procedure.

Appears in 2 contracts

Samples: Indenture (Danaher Corp /De/), Indenture (Marriott International Inc /Md/)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or transfer, 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 and, if not already cancelled, or the Security Registrar. Any such Securities and Securities 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 . All Securities so delivered shall be promptly cancelled by the TrusteeTrustee or the Security Registrar, as the case 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 The Trustee shall dispose of cancelled Securities held by in accordance with its procedures for the Trustee disposition of cancelled securities in effect as of the date of such disposition, and certification of the disposition of all cancelled Notes shall be disposed of as directed by a Company Order, and the Trustee shall thereafter deliver delivered to the Company a certificate with respect to such depositionupon cancellation upon request.

Appears in 2 contracts

Samples: Subordinated Indenture (Firstmerit Corp /Oh/), Subordinated Indenture (Firstmerit Corp /Oh/)

Cancellation. All Securities and Coupons surrendered for payment, redemption, repayment at the option of the Holder, registration of transfer or exchange 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, if not already cancelled, 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 and any Coupons 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, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 2 contracts

Samples: Indenture (Sola International Inc), Indenture (Sola International 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 and, if not already cancelled, 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 as in accordance with the Trustee's customary procedures unless directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 2 contracts

Samples: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group 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 and, if not already cancelled, and any such Securities delivered to the Trustee for any purpose shall be promptly cancelled canceled by it. The Company or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which that 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 promptly cancelled canceled by the Trustee. 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, in accordance with its customary practices and the Trustee shall thereafter deliver to the Company a certificate with respect to of such depositiondisposition.

Appears in 2 contracts

Samples: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD)

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, if not already cancelled, 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. 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 in a manner customary to the Trustee as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 2 contracts

Samples: Indenture (Capstone Capital Corp), Indenture (Healthcare Realty Trust Inc)

Cancellation. All Securities surrendered for payment, redemption, registration of transfer or transfer, 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, if not already cancelled, 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, whatsoever and may deliver to the Trustee (or to any other Person an Authenticating Agent 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. 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, and provided, however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.

Appears in 2 contracts

Samples: Trust Indenture (Thomas & Betts Corp), Trust Indenture (Thomas & Betts 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 and, if not already cancelled, and shall be promptly cancelled canceled by it. The Company Operating Partnership may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company Operating Partnership 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 Operating Partnership has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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 in a manner customary to the Trustee as directed by a Company Operating Partnership Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 2 contracts

Samples: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp)

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, if not already cancelled, and shall be promptly cancelled canceled by it. 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 the Company has not issued and sold, and all Securities so delivered shall be promptly cancelled canceled by the Trustee. 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, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 2 contracts

Samples: Indenture (Coca-Cola Hellenic Bottling Co Sa), Indenture (Coca-Cola Hellenic Bottling Co Sa)

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, shall be delivered to the Trustee and, if not already cancelledcanceled, 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. The Registrar and the Paying Agent shall forward to the Trustee any Securities surrendered to them for registration of transfer or exchange, redemption or payment. The Trustee and no one else shall cancel all Securities surrendered for registration of transfer, exchange, payment, replacement or cancellation. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled canceled as provided in this SectionSection 3.10 hereof, except as expressly permitted by this Indenture. All cancelled canceled Securities held by the Trustee shall be disposed destroyed and certification of as directed their destruction delivered to the Company unless by a Company Order, and Order the Company shall timely direct that the canceled Securities be returned to it. The Trustee shall thereafter deliver to provide the Company a certificate with respect list of all Securities that have been canceled from time to such depositiontime as requested by the Company.

Appears in 2 contracts

Samples: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)

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, if not already cancelledfor 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. 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 as directed by the Trustee in its customary manner, unless by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect directs their return to such depositionit.

Appears in 2 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group 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, if not already cancelledfor 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. 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 or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of as directed by the Trustee in its customary manner, unless by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect directs their return to such depositionit.

Appears in 2 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group 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, if not already cancelled, and shall be promptly cancelled by it. The Company Trust or the Corporation, as the case may be, may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the such 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 such Company has not issued and sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 as directed by a Company Order, and the Trustee shall thereafter deliver to the Company a certificate with respect to such deposition.

Appears in 2 contracts

Samples: Indenture (Starwood Lodging Trust), Indenture (Starwood Lodging 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 and, if not already cancelled, 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. 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 in its customary manner or as directed by a Company Order; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.

Appears in 2 contracts

Samples: Subordinated Indenture (Beckman Coulter Inc), Senior Indenture (Beckman Coulter 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 and, if not already cancelled, and shall be promptly cancelled by it. The Company and/or the Guarantor may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company either of them 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 that have not been issued and or sold, and all Securities so delivered shall be promptly cancelled by the Trustee. 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 thereafter deliver to the Company a certificate with respect to such depositionRequest.

Appears in 2 contracts

Samples: Indenture (Berkshire Hathaway Inc), Indenture (Berkshire Hathaway 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, if not already cancelledfor 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. 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 as directed by the Trustee in its customary manner, unless by a Company Order, and the Trustee shall thereafter deliver to Order the Company a certificate with respect directs their return to such depositionit.

Appears in 2 contracts

Samples: Indenture (Jabil Circuit Inc), Indenture (Jabil Circuit Inc)

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, if not already cancelled, and shall be promptly cancelled canceled by it. 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 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. 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; provided, and however, that the Trustee shall thereafter deliver not be required to the Company a certificate with respect to destroy such depositioncanceled Securities.

Appears in 2 contracts

Samples: Senior Debt Indenture (Goldman Sachs Group Inc), Senior Debt Indenture (Goldman Sachs Capital V)

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