Common use of Delivery of Purchase Contract Property or Other Amounts Clause in Contracts

Delivery of Purchase Contract Property or Other Amounts. Unless otherwise specified pursuant to ‎Section 3.02, (i) in the case of Purchase Contracts obligating the Company to sell, and the Holders to purchase, Purchase Contract Property or Warrants that are call warrants, upon its receipt of payment in full of the Purchase Price or exercise price for the Purchase Contract Property or Warrant Property purchased by any Holder pursuant to the foregoing provisions of this Article or the Warrant Agreement, the Company shall cause such Purchase Contract Property or Warrant Property to be delivered to the Holders; and (ii) in the case of Purchase Contracts obligating the Company to purchase, and the Holders to sell, Purchase Contract Property or Warrants that are “put warrants” (as defined in the Warrant Agreement), upon its receipt of the Purchase Contract Property, Warrant Property, Settlement Amount or other amount, the Company shall cause the Purchase Price, exercise price, Settlement Amount or other amount, as applicable, to be delivered to the Holders, provided that in each case such delivery shall be made only upon delivery to the Agent of the related Unit Certificate. Upon receipt of any Unit Certificate, the Agent shall cancel such Unit Certificate in accordance with ‎Section 2.11 as a result of the delivery referred to in the preceding paragraph. If any Debt Securities relating to Closed Purchase Contracts or exercised Warrants constituting a part of Units evidenced by such Unit Certificate remain Outstanding as a result of Cash Settlement, the Company shall execute and the Trustee shall authenticate and deliver (i) in the case of Definitive Units, to the Holder thereof, in accordance with the terms of the Indenture, a new certificate or certificates representing solely the principal amount of Debt Securities still Outstanding (ii) in the case of Global Units, if a Global Debt Security not constituting part of a Global Unit has not previously been issued by the Company, a second Global Debt Security representing Debt Securities still Outstanding that are not part of Units. If a second Global Debt Security referred to in clause (ii) of the immediately preceding sentence has already been issued, the Agent shall note thereon an appropriate increase in the number of Debt Securities represented by such Global Debt Security.

Appears in 2 contracts

Samples: Unit Agreement (Morgan Stanley Finance LLC), Unit Agreement (Morgan Stanley Capital Trust Iv)

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Delivery of Purchase Contract Property or Other Amounts. Unless otherwise specified pursuant to ‎Section Section 3.02, (i) in the case of Purchase Contracts obligating the Company Corporation to sell, and the Holders to purchase, Purchase Contract Property or Warrants that are call warrantsProperty, upon its receipt of payment in full of the Purchase Price or exercise price for the Purchase Contract Property or Warrant Property purchased by any Holder pursuant to the foregoing provisions of this Article or the Warrant AgreementArticle, the Company Corporation shall cause such Purchase Contract Property or Warrant Property to be delivered to the Holders; and (ii) in the case of Purchase Contracts obligating the Company Corporation to purchase, and the Holders to sell, Purchase Contract Property or Warrants that are “put warrants” (as defined in the Warrant Agreement)Property, upon its receipt of the Purchase Contract Property, Warrant Property, Settlement Amount or other amount, the Company Corporation shall cause the Purchase Price, exercise price, Settlement Amount or other amount, as applicable, to be delivered to the Holders, provided that in each case such delivery shall be made only upon delivery to the Agent of the related Unit Certificate. Upon receipt of any Unit Certificate, the Agent shall cancel such Unit Certificate in accordance with ‎Section Section 2.11 as a result of the delivery referred to in the preceding paragraph. If any Debt Securities relating to Closed Purchase Contracts or exercised Warrants constituting a part of Units evidenced by such Unit Certificate remain Outstanding outstanding as a result of Cash Settlement, the Company Corporation shall execute and the Trustee shall authenticate and deliver (i) in the case of Definitive Units, to the Holder thereof, in accordance with the terms of the Indenture, a new certificate or certificates representing solely the principal amount of Debt Securities still Outstanding outstanding (ii) in the case of Global Units, if a Global Debt Security not constituting part of a Global Unit has not previously been issued by the CompanyCorporation, a second Global Debt Security representing Debt Securities still Outstanding that are not part of Units. If a second Global Debt Security referred to in clause (ii) of the immediately preceding sentence has already been issued, the Agent shall note thereon an appropriate increase in the number of Debt Securities represented by such Global Debt Security.

Appears in 2 contracts

Samples: Unit Agreement (Wells Fargo Capital Vii), Agreement (Wells Fargo Capital Vi)

Delivery of Purchase Contract Property or Other Amounts. Unless otherwise specified pursuant to ‎Section Section 3.02, (i) in the case of Purchase Contracts obligating the Company Corporation to sell, and the Holders to purchase, Purchase Contract Property or Warrants that are call warrants, upon its receipt of payment in full of the Purchase Price or exercise price for the Purchase Contract Property or Warrant Property purchased by any Holder pursuant to the foregoing provisions of this Article or the Warrant Agreement, the Company Corporation shall cause such Purchase Contract Property or Warrant Property to be delivered to the Holders; and (ii) in the case of Purchase Contracts obligating the Company Corporation to purchase, and the Holders to sell, Purchase Contract Property or Warrants that are "put warrants" (as defined in the Warrant Agreement), upon its receipt of the Purchase Contract Property, Warrant Property, Settlement Amount or other amount, the Company Corporation shall cause the Purchase Price, exercise price, Settlement Amount or other amount, as applicable, to be delivered to the Holders, provided that in each case such delivery shall be made only upon delivery to the Agent of the related Unit Certificate. Upon receipt of any Unit Certificate, the Agent shall cancel such Unit Certificate in accordance with ‎Section Section 2.11 as a result of the delivery referred to in the preceding paragraph. If any Debt Securities relating to Closed Purchase Contracts or exercised Warrants constituting a part of Units evidenced by such Unit Certificate remain Outstanding as a result of Cash Settlement, the Company Corporation shall execute and the Trustee shall authenticate and deliver (i) in the case of Definitive Units, to the Holder thereof, in accordance with the terms of the Indenture, a new certificate or certificates representing solely the principal amount of Debt Securities still Outstanding (ii) in the case of Global Units, if a Global Debt Security not constituting part of a Global Unit has not previously been issued by the CompanyCorporation, a second Global Debt Security representing Debt Securities still Outstanding that are not part of Units. If a second Global Debt Security referred to in clause (ii) of the immediately preceding sentence has already been issued, the Agent shall note thereon an appropriate increase in the number of Debt Securities represented by such Global Debt Security.

Appears in 2 contracts

Samples: Unit Agreement (Morgan Stanley Capital Trust VIII), Unit Agreement (Morgan Stanley Dean Witter & Co)

Delivery of Purchase Contract Property or Other Amounts. Unless otherwise specified pursuant to ‎Section Section 3.02, (i) in the case of Purchase Contracts obligating the Company Corporation to sell, and the Holders to purchase, Purchase Contract Property or Warrants that are call warrants, upon its receipt of payment in full of the Purchase Price or exercise price for the Purchase Contract Property or Warrant Property purchased by any Holder pursuant to the foregoing provisions of this Article or the Warrant Agreement, the Company Corporation shall cause such Purchase Contract Property or Warrant Property to be delivered to the Holders; and (ii) in the case of Purchase Contracts obligating the Company Corporation to purchase, and the Holders to sell, Purchase Contract Property or Warrants that are “put warrants” (as defined in the Warrant Agreement), upon its receipt of the Purchase Contract Property, Warrant Property, Settlement Amount or other amount, the Company Corporation shall cause the Purchase Price, exercise price, Settlement Amount or other amount, as applicable, to be delivered to the Holders, provided that in each case such delivery shall be made only upon delivery to the Agent of the related Unit Certificate. Upon receipt of any Unit Certificate, the Agent shall cancel such Unit Certificate in accordance with ‎Section Section 2.11 as a result of the delivery referred to in the preceding paragraph. If any Debt Securities relating to Closed Purchase Contracts or exercised Warrants constituting a part of Units evidenced by such Unit Certificate remain Outstanding as a result of Cash Settlement, the Company Corporation shall execute and the Trustee Corporation, Warrant Agent or Deposit Agent, as the case may be, shall authenticate and deliver (i) in the case of Definitive Units, to the Holder thereof, in accordance with the terms of the applicable Indenture, Warrant Agreement, Certificate of Incorporation, or Deposit Agreement, as applicable, a new certificate or certificates representing solely the principal amount of Debt Securities still Outstanding (ii) in the case of Global Units, if a Global Debt Security not constituting part of a Global Unit has not previously been issued by the CompanyCorporation, a second Global Debt Security representing Debt Securities still Outstanding that are not part of Units. If a second Global Debt Security referred to in clause (ii) of the immediately preceding sentence has already been issued, the Agent shall note thereon an appropriate increase in the number of Debt Securities represented by such Global Debt Security.

Appears in 1 contract

Samples: Purchase Contract (Bear Stearns Companies Inc)

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Delivery of Purchase Contract Property or Other Amounts. Unless otherwise specified pursuant to ‎Section 3.02Section 3.2, (i) in the case of Purchase Contracts obligating the Company Corporation to sell, and the Holders to purchase, Purchase Contract Property or Warrants that are call warrants, upon its receipt of payment in full of the Purchase Price or exercise price for the Purchase Contract Property or Warrant Property purchased by any Holder pursuant to the foregoing provisions of this Article or the Warrant Agreement, the Company Corporation shall cause such Purchase Contract Property or Warrant Property to be delivered to the Holders; and (ii) in the case of Purchase Contracts obligating the Company Corporation to purchase, and the Holders to sell, Purchase Contract Property or Warrants that are "put warrants" (as defined in the Warrant Agreement), upon its receipt of the Purchase Contract Property, Warrant Property, Settlement Amount or other amount, the Company Corporation shall cause the Purchase Price, exercise price, Settlement Amount or other amount, as applicable, to be delivered to the Holders, provided that in each case such delivery shall be made only upon delivery to the Agent of the related Unit Certificate. Upon receipt of any Unit Certificate, the Agent shall cancel such Unit Certificate in accordance with ‎Section Section 2.11 as a result of the delivery referred to in the preceding paragraph. If any Debt Securities relating to Closed Purchase Contracts or exercised Warrants constituting a part of Units evidenced by such Unit Certificate remain Outstanding as a result of Cash Settlement, the Company Corporation shall execute and the Trustee shall authenticate and deliver (i) in the case of Definitive Units, to the Holder thereof, in accordance with the terms of the Indenture, a new certificate or certificates representing solely the principal amount of Debt Securities still Outstanding (ii) in the case of Global Units, if a Global Debt Security not constituting part of a Global Unit has not previously been issued by the CompanyCorporation, a second Global Debt Security representing Debt Securities still Outstanding that are not part of Units. If a second Global Debt Security referred to in clause (ii) of the immediately preceding sentence has already been issued, the Agent shall note thereon an appropriate increase in the number of Debt Securities represented by such Global Debt Security.

Appears in 1 contract

Samples: Unit Agreement (Dean Witter Discover & Co)

Delivery of Purchase Contract Property or Other Amounts. Unless otherwise specified pursuant to ‎Section Section 3.02, (ia) in the case of Purchase Contracts obligating the Company Corporation to sell, and the Holders to purchase, Purchase Contract Property or Warrants that are call warrants, upon its receipt of payment in full of the Purchase Price or exercise price for the Purchase Contract Property or Warrant Property purchased by any Holder pursuant to the foregoing provisions of this Article or the Warrant Agreement, the Company Corporation shall cause such Purchase Contract Property or Warrant Property to be delivered to the Holders; and (iib) in the case of Purchase Contracts obligating the Company Corporation to purchase, and the Holders to sell, Purchase Contract Property or Warrants that are "put warrants" (as defined in the Warrant Agreement), upon its receipt of the Purchase Contract Property, Warrant Property, Settlement Amount or other amount, the Company Corporation shall cause the Purchase Price, exercise price, Settlement Amount or other amount, as applicable, to be delivered to the Holders, provided that in each case such delivery shall be made only upon delivery to the Agent of the related Unit Certificate. Upon receipt of any Unit Certificate, the Agent shall cancel such Unit Certificate in accordance with ‎Section Section 2.11 as a result of the delivery referred to in the preceding paragraph. If any Debt Securities relating to Closed Purchase Contracts or exercised Warrants constituting a part of Units evidenced by such Unit Certificate remain Outstanding as a result of Cash Settlement, the Company Corporation shall execute and the Trustee shall authenticate and deliver (i) in the case of Definitive Units, to the Holder thereof, in accordance with the terms of the Indenture, a new certificate or certificates representing solely the principal amount of Debt Securities still Outstanding (ii) in the case of Global Units, if a Global Debt Security not constituting part of a Global Unit has not previously been issued by the CompanyCorporation, a second Global Debt Security representing Debt Securities still Outstanding that are not part of Units. If a second Global Debt Security referred to in clause (ii) of the immediately preceding sentence has already been issued, the Agent shall note thereon an appropriate increase in the number of Debt Securities represented by such Global Debt Security.

Appears in 1 contract

Samples: Unit Agreement (Morgan Stanley)

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