Common use of Execution of Subordinated Securities Clause in Contracts

Execution of Subordinated Securities. The Subordinated Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two of the Chairman of the Board, Chief Executive Officer, the President, and Vice President, the Secretary, any Assistant Secretary, the Chief Financial Officer, the Treasurer or any Assistant Treasurer of the Company under its corporate seal (except in the case of Coupons), which may be affixed thereto or printed, engraved or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities or Coupons, if any, as shall bear thereon a certificate of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company shall be conclusive evidence that the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated Indenture. Typographical or other errors or defects in the seal or facsimile signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such Subordinated Security if it has been duly authenticated and delivered by the Trustee. In case any officer of the Company who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities or Coupons so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Company, such Subordinated Securities or Coupons nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Subordinated Securities or Coupons had not ceased to be such officer of the Company. Also, any Subordinated Security or Coupon may be signed on behalf of the Company by such Persons as on the actual date of execution of such Subordinated Security or Coupon shall be the proper officers of the Company, although at the date of the execution of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person was not such officer.

Appears in 6 contracts

Samples: Subordinated Indenture (Covad Communications Group Inc), Subordinated Indenture (Lexar Media Inc), Subordinated Indenture (Flextronics International LTD)

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Execution of Subordinated Securities. The Subordinated Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two of the Chairman of the Board, Chief Executive Officer, the President, and Vice President, the Treasurer, the Secretary, any Assistant Secretary, or the Chief Financial Officer, the Treasurer or any Assistant Treasurer Officer of the Company under its corporate seal (except in the case of Coupons), which may be affixed thereto or printed, engraved or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities or Coupons, if any, as shall bear thereon a certificate of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company shall be conclusive evidence that the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated Indenture. Typographical or other errors or defects in the seal or facsimile signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such Subordinated Security if it has been duly authenticated and delivered by the Trustee. In case any officer of the Company who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities or Coupons so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Company, such Subordinated Securities or Coupons nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Subordinated Securities or Coupons had not ceased to be such officer of the Company. Also, any Subordinated Security or Coupon may be signed on behalf of the Company by such Persons as on the actual date of execution of such Subordinated Security or Coupon shall be the proper officers of the Company, although at the date of the execution of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person was not such officer.

Appears in 4 contracts

Samples: Subordinated Indenture (Achieve Life Sciences, Inc.), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.)

Execution of Subordinated Securities. The Subordinated Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two an officer and the Secretary or an Assistant Secretary of the Chairman of the Board, Chief Executive Officer, the President, and Vice President, the Secretary, any Assistant Secretary, the Chief Financial Officer, the Treasurer or any Assistant Treasurer of the Company Corporation under its corporate seal (except in the case of Coupons)seal, which may be affixed thereto or printed, engraved or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities or Coupons, if any, as shall bear thereon a certificate of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company Corporation shall be conclusive evidence that the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated Indenture. Typographical or other errors or defects in the seal or facsimile signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such Subordinated Security if it has been duly authenticated and delivered by the Trustee. In case any officer of the Company Corporation who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities or Coupons so signed shall have been authenticated and delivered by the Trustee, or disposed of by the CompanyCorporation, such Subordinated Securities or Coupons nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Subordinated Securities or Coupons had not ceased to be such officer of the CompanyCorporation. Also, any Subordinated Security or Coupon may be signed on behalf of the Company Corporation by such Persons as on the actual date of execution of such Subordinated Security or Coupon shall be the proper officers of the CompanyCorporation, although at the date of the execution of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person was not such officer.

Appears in 1 contract

Samples: Subordinated Indenture (Providian Financing Iv)

Execution of Subordinated Securities. The Subordinated Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two of the Chairman of the Board, Chief Executive Officer, the President, and Vice President, the Secretary, any Assistant Secretary, the Chief Financial Officer, the Treasurer or any Assistant Treasurer signed on behalf of the Company by the chairman or vice chairman of its Board of Directors or its president, or any executive (senior or other), a vice president or its treasurer, under its corporate seal (except in the case of Coupons)) which may, which but need not, be attested. Such signatures may be affixed thereto the manual or printedfacsimile signatures of the present or any future such officers. The seal of the Company may be in the form of a facsimile thereof and may be impressed, engraved affixed, imprinted or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities or Coupons, if any, as shall bear thereon a certificate of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company shall be conclusive evidence that on the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated IndentureSecurities. Typographical or and other minor errors or defects in any such reproduction of the seal or facsimile any such signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such any Subordinated Security if it that has been duly authenticated and delivered by the Trustee. In case any officer of the Company who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities Security or Coupons Coupon so signed (or the Subordinated Security to which the Coupon so signed appertains) shall have been be authenticated and delivered by the Trustee, Trustee or disposed of by the Company, such Subordinated Securities Security or Coupons Coupon nevertheless may be authenticated and delivered or disposed of as though the Person person who signed such Subordinated Securities Security or Coupons Coupon had not ceased to be such officer of the Company. Also, ; and any Subordinated Security or Coupon may be signed on behalf of the Company by such Persons as on persons as, at the actual date of the execution of such Subordinated Security or Coupon Coupon, shall be the proper officers of the Company, although at the date of the execution and delivery of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person person was not such an officer.

Appears in 1 contract

Samples: Subordinated Indenture (Healthsouth Corp)

Execution of Subordinated Securities. The Subordinated Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two of an officer and the Chairman of the Board, Chief Executive Officer, the President, and Vice President, the Secretary, any Secretary or an Assistant Secretary, the Chief Financial Officer, the Treasurer or any Assistant Treasurer Secretary of the Company under its corporate seal (except in the case of Coupons)seal, which may be affixed thereto or printed, engraved or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities or Coupons, if any, as shall bear thereon a certificate of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company shall be conclusive evidence that the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated Indenture. Typographical or other errors or defects in the seal or facsimile signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such Subordinated Security if it has been duly authenticated and delivered by the Trustee. In case any officer of the Company who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities or Coupons so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Company, such Subordinated Securities or Coupons nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Subordinated Securities or Coupons had not ceased to be such officer of the Company. Also, any Subordinated Security or Coupon may be signed on behalf of the Company by such Persons as on the actual date of execution of such Subordinated Security or Coupon shall be the proper officers of the Company, although at the date of the execution of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person was not such officer.

Appears in 1 contract

Samples: Subordinated Indenture (Ati Financing Ii)

Execution of Subordinated Securities. The Subordinated Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two of the Chairman of the Board, Chief Executive Officer, the President, and any Vice President, the Treasurer, the Secretary, any Assistant Secretary, or the Chief Financial Officer, the Treasurer or any Assistant Treasurer Officer of the Company under its corporate seal (except in the case of Coupons), which may be affixed thereto or printed, engraved or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities or Coupons, if any, as shall bear thereon a certificate of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company shall be conclusive evidence that the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated Indenture. Typographical or other errors or defects in the seal or facsimile signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such Subordinated Security if it has been duly authenticated and delivered by the Trustee. In case any officer of the Company who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities or Coupons so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Company, such Subordinated Securities or Coupons nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Subordinated Securities or Coupons had not ceased to be such officer of the Company. Also, any Subordinated Security or Coupon may be signed on behalf of the Company by such Persons as on the actual date of execution of such Subordinated Security or Coupon shall be the proper officers of the Company, although at the date of the execution of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person was not such officer.

Appears in 1 contract

Samples: Subordinated Indenture (Biolife Solutions Inc)

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Execution of Subordinated Securities. The Subordinated ------------------------------------ Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two of the Chairman of the Board, Chief Executive Officer, the President, and Vice President, the Secretary, any Assistant Secretary, the Chief Financial Officer, the Treasurer or any Assistant Treasurer of the Company under its corporate seal (except in the case of Coupons), which may be affixed thereto or printed, engraved or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities or Coupons, if any, as shall bear thereon a certificate of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company shall be conclusive evidence that the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated Indenture. Typographical or other errors or defects in the seal or facsimile signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such Subordinated Security if it has been duly authenticated and delivered by the Trustee. In case any officer of the Company who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities or Coupons so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Company, such Subordinated Securities or Coupons nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Subordinated Securities or Coupons had not ceased to be such officer of the Company. Also, any Subordinated Security or Coupon may be signed on behalf of the Company by such Persons as on the actual date of execution of such Subordinated Security or Coupon shall be the proper officers of the Company, although at the date of the execution of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person was not such officer.

Appears in 1 contract

Samples: Subordinated Indenture (Exodus Communications Inc)

Execution of Subordinated Securities. The Subordinated Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two of the Chairman of the Board, Chief Executive Officer, the President, and Vice President, the Secretary, any Assistant Secretary, the Chief Financial Officer, or the Treasurer or any Assistant Treasurer of the Company under its corporate seal (except in the case of Coupons), which may be affixed thereto or printed, engraved or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities or Coupons, if any, as shall bear thereon a certificate of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company shall be conclusive evidence that the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated Indenture. Typographical or other errors or defects in the seal or facsimile signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such Subordinated Security if it has been duly authenticated and delivered by the Trustee. In case any officer of the Company who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities or Coupons so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Company, such Subordinated Securities or Coupons nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Subordinated Securities or Coupons had not ceased to be such officer of the Company. Also, any Subordinated Security or Coupon may be signed on behalf of the Company by such Persons as on the actual date of execution of such Subordinated Security or Coupon shall be the proper officers of the Company, although at the date of the execution of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person was not such officer.

Appears in 1 contract

Samples: Subordinated Indenture (Meru Networks Inc)

Execution of Subordinated Securities. The Subordinated ------------------------------------ Securities and each Coupon appertaining thereto, if any, shall be executed manually or in facsimile, by any two of the Chairman of the Board, Chief Executive Officer, the President, and Vice President, the Secretary, any Assistant Secretary, the Chief Financial Officer, the Treasurer or any Assistant Treasurer of the Company under its corporate seal (except in the case of Coupons), which may be affixed thereto or printed, engraved or otherwise reproduced thereon, by facsimile or otherwise. Only such Subordinated Securities otherwise attested by its Secretary or Coupons, if any, as shall bear thereon a certificate one of authentication substantially in the form recited herein, executed by the Trustee manually by an authorized officer, shall be entitled to the benefits of this Subordinated Indenture or be valid or obligatory for any purpose. Such certificate of authentication of the Trustee upon any Subordinated Security or Coupon, if any, executed by the Company shall be conclusive evidence that the Subordinated Security or Coupon so authenticated has been duly authenticated and delivered hereunder and that the Holder is entitled to the benefits of this Subordinated Indenture. Typographical or other errors or defects in the seal or facsimile signature on any Subordinated Security or in the text thereof shall not affect the validity or enforceability of such Subordinated Security if it has been duly authenticated and delivered by the Trusteeits Assistant Secretaries. In case any officer of the Company who shall have signed any of the Subordinated Securities or Coupons, if any, (manually or in facsimile) shall cease to be such officer before the Subordinated Securities or Coupons so signed shall have been authenticated and delivered by the Trustee, or disposed of by the Company, such Subordinated Securities or Coupons nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Subordinated Securities or Coupons had not ceased to be such officer of the Company. Also, any Subordinated Security or Coupon may be signed on behalf of the Company by such Persons as on the actual date of execution of such Subordinated Security or Coupon shall be the proper officers of the Company, although at the date of the execution of this Subordinated Indenture or on the nominal date of such Subordinated Security any such Person was not such officer.

Appears in 1 contract

Samples: Subordinated Indenture (Exodus Communications Inc)

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