Common use of EXECUTION AND AUTHENTICATION OF SECURITIES Clause in Contracts

EXECUTION AND AUTHENTICATION OF SECURITIES. One duly authorized Officer shall sign the Securities for the Company by manual or facsimile signature. A Security’s validity shall not be affected by the failure of an Officer whose signature is on such Security to hold, at the time the Security is authenticated, the same office at the Company. A Security shall not be valid until authenticated by the manual signature of the Trustee. The signature shall be conclusive evidence that the Security has been authenticated under this Indenture. Upon receipt of a Company Order, the Trustee shall authenticate Securities for original issue in the aggregate principal amount of $120,000,000 and such additional principal amount, if any, as shall be determined pursuant to the next sentence of this Section 2.02. Upon receipt by the Trustee of an Officer’s Certificate stating that the Initial Purchasers have elected to purchase from the Company a specified principal amount of Additional Securities, not to exceed $18,000,000, pursuant to the Option, the Trustee shall authenticate and deliver such specified principal amount of Additional Securities to or upon receipt of a Company Order therefor. The aggregate principal amount of Securities outstanding at any time may not exceed $138,000,000 except as provided in Section 2.21. Upon receipt of a Company Order, the Trustee shall authenticate Securities not bearing the Private Placement Legend to be issued to the transferee when sold pursuant to an effective registration statement or pursuant to Rule 144 or Regulation S under the Securities Act as set forth in Section 2.18. The Trustee shall authenticate Securities not bearing the Canadian Legend to be issued to a transferee when sold on or after June 28, 2008. The Trustee shall act as the initial authenticating agent. Thereafter, the Trustee may appoint an authenticating agent acceptable to the Company to authenticate Securities. An authenticating agent may authenticate Securities whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such authenticating agent. An authenticating agent so appointed has the same rights as the Trustee to deal with the Company and its Affiliates.

Appears in 1 contract

Samples: Indenture (Silver Standard Resources Inc)

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EXECUTION AND AUTHENTICATION OF SECURITIES. One duly authorized Officer shall sign the Securities for the Company by manual or facsimile signatureCompany. A Security’s validity shall not be affected by the failure of an Officer whose signature is on such Security to hold, at the time the Security is authenticated, the same office at the Company. A Security shall not be valid until authenticated by the manual signature of the Trustee. The signature shall be conclusive evidence that the Security has been authenticated under this Indenture. Upon receipt of The Company may, from time to time, deliver Securities executed by the Company in accordance with this Section 2.02 to the Trustee for authentication, together with a Company OrderOrder for the authentication and delivery of such Securities, and the Trustee shall thereupon authenticate and make available for delivery such Securities for original issue in accordance with such Company Order. The Trustee shall initially authenticate and deliver on the date hereof $20,000,000 in aggregate principal amount of $120,000,000 and such additional principal amount, if any, as shall be determined pursuant to the next sentence of this Section 2.02Securities. Upon receipt by the Trustee of an Officer’s Certificate stating that the Initial Purchasers have elected to purchase from the The Company a specified principal amount of Additional Securities, not to exceed $18,000,000, pursuant to the Option, the Trustee shall authenticate and deliver such specified principal amount of may issue Additional Securities to or upon receipt of a Company Order therefor. The aggregate principal amount of Securities outstanding at any time may not exceed $138,000,000 except as provided in accordance with Section 2.212.20. Upon receipt of a Company Order, the Trustee shall authenticate Securities not bearing the Private Placement Legend to be issued to the transferee when sold pursuant to an effective registration statement or pursuant to Rule 144 or Regulation S under the Securities Act as set forth in Section 2.18. The Trustee shall authenticate Securities not bearing the Canadian Legend to be issued to a transferee when sold on or after June 28, 2008so permitted to be issued without a Canadian Legend in accordance with Section 2.18(E) . The Trustee shall act as the initial authenticating agent. Thereafter, the Trustee may appoint an authenticating agent acceptable to the Company to authenticate Securities. An authenticating agent may authenticate Securities whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such authenticating agent. An authenticating agent so appointed has the same rights as the Trustee to deal with the Company and its Affiliates.

Appears in 1 contract

Samples: Indenture (Platinum Group Metals LTD)

EXECUTION AND AUTHENTICATION OF SECURITIES. One duly authorized Officer shall sign the Securities for the Company by manual or facsimile signature. A Security’s One‎duly‎authorized‎Officer‎shall‎sign‎the‎Securities‎for‎the‎Company.‎‎A‎Security’s‎ validity shall not be affected by the failure of an Officer whose signature is on such Security to hold, at the time the Security is authenticated, the same office at the Company. A Security shall not be valid until authenticated by the manual signature of the Trustee. The signature shall be conclusive evidence that the Security has been authenticated under this Indenture. Upon receipt of The Company may, from time to time, deliver Securities executed by the Company in accordance with this Section ‎2.02 to the Trustee for authentication, together with a Company OrderOrder for the authentication and delivery of such Securities, and the Trustee shall thereupon authenticate and make available for delivery such Securities for original issue in accordance with such Company Order. The Trustee shall initially authenticate and deliver on the date hereof $20,000,000 in aggregate principal amount of $120,000,000 and such additional principal amount, if any, as shall be determined pursuant to the next sentence of this Section 2.02Securities. Upon receipt by the Trustee of an Officer’s Certificate stating that the Initial Purchasers have elected to purchase from the The Company a specified principal amount of Additional Securities, not to exceed $18,000,000, pursuant to the Option, the Trustee shall authenticate and deliver such specified principal amount of may issue Additional Securities to or upon receipt of a Company Order therefor. The aggregate principal amount of Securities outstanding at any time may not exceed $138,000,000 except as provided in accordance with Section 2.21‎2.20. Upon receipt of a Company Order, the Trustee shall authenticate Securities not bearing the Private Placement Legend to be issued to the transferee when sold pursuant to an effective registration statement or pursuant to Rule 144 or Regulation S under the Securities Act as set forth in Section 2.18‎2.18. The Trustee shall authenticate Securities not bearing the Canadian Legend to be issued to a transferee when sold on or after June 28, 2008so permitted to be issued without a Canadian Legend in accordance with Section ‎2.18(E). The Trustee shall act as the initial authenticating agent. Thereafter, the Trustee may appoint an authenticating agent acceptable to the Company to authenticate Securities. An authenticating agent may authenticate Securities whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such authenticating agent. An authenticating agent so appointed has the same rights as the Trustee to deal with the Company and its Affiliates.

Appears in 1 contract

Samples: Indenture

EXECUTION AND AUTHENTICATION OF SECURITIES. One duly authorized Officer shall sign the Securities for the Company by manual or facsimile signatureCompany. A Security’s validity shall not be affected by the failure of an Officer whose signature is on such Security to hold, at the time the Security is authenticated, the same office at the Company. A Security shall not be valid until authenticated by the manual signature of the Trustee. The signature shall be conclusive evidence that the Security has been authenticated under this Indenture. Upon receipt of a Company Order, the Trustee shall authenticate Securities for original issue in the aggregate principal amount of $120,000,000 150,000,000 and such additional principal amount, if any, as shall be determined pursuant to the next sentence of this Section 2.02. Upon receipt by the Trustee of an Officer’s Certificate stating that the Initial Purchasers have elected to purchase from the Company a specified principal amount of Additional Securities, not to exceed $18,000,00022,500,000, pursuant to the Option, the Trustee shall authenticate and deliver such specified principal amount of Additional Securities to or upon receipt of a Company Order therefor. The aggregate principal amount of Securities outstanding at any time may not exceed $138,000,000 172,500,000 except as provided in Section 2.212.20. Upon receipt of a Company Order, the Trustee shall authenticate Securities not bearing the Private Placement Legend to be issued to the transferee when sold pursuant to an effective registration statement or pursuant to Rule 144 or Regulation S under the Securities Act as set forth in Section 2.18. The Trustee shall authenticate Securities not bearing the Canadian Legend to be issued to a transferee when sold on or after June 28, 2008so permitted to be issued without a Canadian Legend in accordance with Section 2.18(E) . The Trustee shall act as the initial authenticating agent. Thereafter, the Trustee may appoint an authenticating agent acceptable to the Company to authenticate Securities. An authenticating agent may authenticate Securities whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such authenticating agent. An authenticating agent so appointed has the same rights as the Trustee to deal with the Company and its Affiliates.

Appears in 1 contract

Samples: Indenture (First Majestic Silver Corp)

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EXECUTION AND AUTHENTICATION OF SECURITIES. One duly authorized Officer shall sign the Securities for the Company by manual or facsimile signatureCompany. A Security’s validity shall not be affected by the failure of an Officer whose signature is on such Security to hold, at the time the Security is authenticated, the same office at the Company. A Security shall not be valid until authenticated by the manual signature of the Trustee. The signature shall be conclusive evidence that the Security has been authenticated under this Indenture. Upon receipt of a Company Order, the Trustee shall authenticate Securities for original issue in the aggregate principal amount of $120,000,000 200,000,000 and such additional principal amount, if any, as shall be determined pursuant to the next sentence of this Section 2.02. Upon receipt by the Trustee of an Officer’s Certificate stating that the Initial Purchasers have elected to purchase from the Company a specified principal amount of Additional Securities, not to exceed $18,000,00030,000,000, pursuant to the Option, the Trustee shall authenticate and deliver such specified principal amount of Additional Securities to or upon receipt of a Company Order therefor. The aggregate principal amount of Securities outstanding at any time may not exceed $138,000,000 230,000,000 except as provided in Section 2.212.20. Upon receipt of a Company Order, the Trustee shall authenticate Securities not bearing the Private Placement Legend to be issued to the transferee when sold pursuant to an effective registration statement or pursuant to Rule 144 or Regulation S under the Securities Act as set forth in Section 2.18. The Upon receipt of a Company Order, the Trustee shall authenticate Securities not bearing the Canadian Legend to be issued to a transferee when sold on or after June 28, 2008so permitted to be issued without a Canadian Legend in accordance with Section 2.18(E). Doc#: US1:12666659v9 The Trustee shall act as the initial authenticating agent. Thereafter, the Trustee may appoint an authenticating agent acceptable to the Company to authenticate Securities. An authenticating agent may authenticate Securities whenever the Trustee may do so. Each reference in this Indenture to authentication by the Trustee includes authentication by such authenticating agent. An authenticating agent so appointed has the same rights as the Trustee to deal with the Company and its Affiliates.

Appears in 1 contract

Samples: Indenture (SSR Mining Inc.)

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