Common use of Interim Debentures Clause in Contracts

Interim Debentures. Pending the delivery of definitive Debentures of any series to the Trustee, the Corporation may issue and the Trustee shall certify in lieu thereof interim Debentures, with or without coupons, in such forms and in such denominations and signed in such manner as the Trustee and the Corporation may approve, entitling the Holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are ready for delivery; provided, however, that the total amount of interim Debentures shall not exceed the aggregate principal amount of Debentures of such series authorized for issue. When so issued and certified, such interim Debentures shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof for definitive Debentures, the Holders of the said interim Debentures shall be deemed to be Debentureholders and entitled to the benefit of this Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation or the Trustee to the Holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall be noted thereon by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders thereof.

Appears in 1 contract

Samples: Trust Indenture (Finova Group Inc)

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Interim Debentures. (a) Pending the preparation and delivery to the Indenture Trustee of definitive Debentures of any series to the TrusteeDebentures, the Corporation may issue and the Trustee shall certify execute in lieu thereof (but subject to the same provisions, conditions and limitations as herein set forth), and the Indenture Trustee shall certify, interim Debenturesprinted, with mimeographed or without coupons, typewritten Debentures in such forms form and in such denominations and signed in with such manner appropriate insertions, omissions, substitutions and variations as the Indenture Trustee and the Corporation may approveapprove (such approval to be conclusively evidenced by the certification of such Debentures by or on behalf of the Indenture Trustee and the signature thereof, either manual or in facsimile, by any trustee or officer of the Corporation) entitling the Holders holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are prepared and ready for delivery; provided, howeverwithout expense to the holders, that but the total amount of interim Debentures shall not exceed the aggregate principal amount of Debentures authorized to be issued hereunder. Forthwith after the issuance of such series authorized for issue. When so issued and certified, any such interim Debentures the Corporation shall cause to be prepared the appropriate definitive Debentures for delivery to the holders of such interim Debentures. (b) Any such interim Debentures when duly issued shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof until exchanged for definitive Debentures, entitle the Holders of the said interim Debentures shall be deemed holders thereof to be rank for all purposes as Debentureholders and entitled to the benefit otherwise in respect of this Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the When exchanged for definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation or the Trustee to the Holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall forthwith be noted thereon cancelled by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders thereofIndenture Trustee.

Appears in 1 contract

Samples: Trust Indenture

Interim Debentures. (1) Pending delivery to the delivery Trustee of definitive Debentures of any series to the Trustee, the Corporation may issue execute in lieu thereof (but subject to the same provisions, conditions and limitations as herein set forth), and the Trustee shall certify in lieu thereof may certify, interim printed, mimeographed or typewritten Debentures, with or without coupons, in such forms form and in such denominations and signed in such manner as may be approved by the Trustee and any one of the President, the Chief Executive Officer, the Chief Financial Officer, a Vice-President or the Secretary of the Corporation (whose certification or signature, either manual or in facsimile, as the case may approvebe, on any such interim Debentures shall be conclusive evidence of such approval) entitling the Holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are ready for delivery; provided, howeverwithout expense to such Holders, that but the total amount of interim Debentures so issued shall not exceed the aggregate principal amount of Debentures authorized to be issued hereunder. Forthwith after the issuance of such series authorized for issue. When so issued and certified, any such interim Debentures the Corporation shall cause to be prepared the appropriate definitive Debentures for delivery to the Holders of such interim Debentures. (2) Interim Debentures which have been duly issued shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof until exchanged for definitive Debentures, entitle the Holders of the said interim Debentures shall be deemed thereof to be rank for all purposes as Debentureholders and entitled to the benefit otherwise in respect of this Indenture to the same extent and in the same manner as 144554\0512933.WP though the said such exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the When exchanged for definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation or the Trustee to the Holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall forthwith be noted thereon cancelled by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders thereofTrustee.

Appears in 1 contract

Samples: Trust Indenture (Dakota Mining Corp)

Interim Debentures. Pending the delivery of definitive Debentures of any series to the Trustee, the Corporation Bank may issue and the Trustee shall certify in lieu thereof interim Debentures, with or without coupons, in such forms and in such denominations and signed in such manner as the Trustee and the Corporation Bank may approve, entitling the Holders thereof holders thereof, upon and subject to the terms and conditions (if any) set forth herein or in such interim Debentures, to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are ready for delivery; provided, however, that the total amount of interim Debentures shall not exceed the aggregate principal amount of Debentures of such series authorized for issue. When so issued and certified, such interim Debentures shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof for definitive Debentures, the Holders holders of the said interim Debentures shall be deemed to be Debentureholders and entitled to the benefit of this Trust Indenture to the same extent and in the same manner as though the said exchange had actually been mademade the whole subject to any limitations or provisions set forth in such interim Debentures. Forthwith after the Corporation Bank shall have executed and delivered the definitive Debentures to the Trustee, the Trustee shall at shall, upon and subject to the Corporation's expenseterms and conditions (if any) set forth herein or in such interim Debentures, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining appertaining thereto. No charge shall be made by the Corporation Bank or the Trustee to the Holders holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall be noted thereon by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders holders thereof.

Appears in 1 contract

Samples: Trust Indenture (Bank of Montreal /Can/)

Interim Debentures. Pending the delivery of definitive Debentures of any series to the Trusteeseries, the Corporation may issue and the Trustee shall or the Registrar certify in lieu thereof interim Debentures, with or without coupons, in such forms and in such denominations and signed in such manner as the Trustee and the Corporation may approve, entitling the Holders holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are ready for delivery; provided, however, that the total amount of interim Debentures shall not exceed the aggregate principal amount of Debentures of such series authorized for issue. When so issued and certified, such interim Debentures shall, for all purposes, be deemed to be Debentures debentures and, pending the exchange thereof for definitive Debentures, the Holders holders of the said interim Debentures shall be deemed to be Debentureholders and entitled to the benefit of this Trust Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the definitive Debentures to the TrusteeTrustee or the Registrar, the Trustee or the Registrar shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation Corporation, the Trustee or the Trustee Registrar to the Holders holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall be noted thereon by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders holders thereof.

Appears in 1 contract

Samples: Trust Indenture (Bce Inc)

Interim Debentures. Pending the delivery of definitive Debentures of any series or part of a series to the Trustee, the Corporation Bank may issue and the Trustee shall certify in lieu thereof interim Debentures, with or without coupons, in such forms and in such denominations and signed sighed in such manner as the Trustee and the Corporation Bank may approveapprove (such approval to be conclusively evidenced by the certification of such Debentures by or on behalf of the Trustee and the signature thereof on behalf of the Bank), entitling the Holders holders thereof to definitive Debentures of the said series or part of a series when the same are ready for delivery or the Bank may execute and any coupons relating thereto the Trustee certify an interim Debenture for the whole principal amount of Debentures then authorized to be issued and deliver the same to the Trustee and thereupon the Trustee may issue interim certificates in any authorized denominations such form and in such amounts, not exceeding in the aggregate the principal amount of the interim Debenture so delivered to it, as the Bank and the Trustee may approve, entitling the holders thereof to definitive Debentures when the same are ready for delivery; provided, however, that the total amount of interim Debentures shall not exceed the aggregate principal amount of Debentures of such series authorized for issue. When so issued and certified, such interim Debentures shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof for definitive Debentures, the Holders holders of the said interim or temporary Debentures shall be deemed to be Debentureholders and entitled to the benefit of this Trust Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation Bank shall have executed and delivered the definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (coupons, if any) , pertaining thereto. No charge shall be made by the Corporation Bank or the Trustee to the Holders holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall be noted thereon by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders holders thereof.

Appears in 1 contract

Samples: Trust Indenture (Bank of Montreal /Can/)

Interim Debentures. Pending the preparation and delivery to the Indenture Trustee of definitive Debentures of any series to the TrusteeDebentures, the Corporation may issue and the Trustee shall certify execute in lieu thereof (but subject to the same provisions, conditions and limitations as herein set forth), and the Indenture Trustee may certify, interim Debenturesprinted, with mimeographed or without coupons, typewritten Debentures in such forms form and in such denominations and signed in with such manner appropriate insertions, omissions, substitutions and variations as the Indenture Trustee and the Corporation may approveapprove (such approval to be conclusively evidenced by the certification of such Debentures by or on behalf of the Indenture Trustee and the signature thereof, either manual or in facsimile, by any trustee or officer of the Corporation) entitling the Holders holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are prepared and ready for delivery; provided, howeverwithout expense to the holders, that but the total amount of interim Debentures shall not exceed the aggregate principal amount of Debentures authorized to be issued hereunder. Forthwith after the issuance of such series authorized for issue. When so issued and certified, any such interim Debentures the Corporation shall cause to be prepared the appropriate definitive Debentures for delivery to the holders of such interim Debentures. Any such interim Debentures when duly issued shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof until exchanged for definitive Debentures, entitle the Holders of the said interim Debentures shall be deemed holders thereof to be rank for all purposes as Debentureholders and entitled to the benefit otherwise in respect of this Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the When exchanged for definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation or the Trustee to the Holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall forthwith be noted thereon cancelled by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders thereofIndenture Trustee.

Appears in 1 contract

Samples: Trust Indenture

Interim Debentures. (a) Pending the preparation and delivery to the Indenture Trustee of definitive Debentures of any series to the TrusteeDebentures, the Corporation may issue and the Trustee shall certify execute in lieu thereof (but subject to the same provisions, conditions and limitations as herein set forth), and the Indenture Trustee may certify, interim Debenturesprinted, with mimeographed or without coupons, typewritten Debentures in such forms form and in such denominations and signed in with such manner appropriate insertions, omissions, substitutions and variations as the Indenture Trustee and the Corporation may approveapprove (such approval to be conclusively evidenced by the certification of such Debentures by or on behalf of the Indenture Trustee and the signature thereof, either manual or in facsimile, by any trustee or officer of the Corporation) entitling the Holders holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are prepared and ready for delivery; provided, howeverwithout expense to the holders, that but the total amount of interim Debentures shall not exceed the aggregate principal amount of Debentures authorized to be issued hereunder. Forthwith after the issuance of such series authorized for issue. When so issued and certified, any such interim Debentures the Corporation shall cause to be prepared the appropriate definitive Debentures for delivery to the holders of such interim Debentures. (b) Any such interim Debentures when duly issued shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof until exchanged for definitive Debentures, entitle the Holders of the said interim Debentures shall be deemed holders thereof to be rank for all purposes as Debentureholders and entitled to the benefit otherwise in respect of this Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the When exchanged for definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation or the Trustee to the Holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall forthwith be noted thereon cancelled by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders thereofIndenture Trustee.

Appears in 1 contract

Samples: Trust Indenture

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Interim Debentures. Pending delivery to the delivery Trustee of definitive Debentures of any series to the TrusteeDebentures, the Corporation may issue execute in lieu thereof (but subject to the same provisions, conditions and limitations as herein set forth), and the Trustee shall certify in lieu thereof may certify, interim printed, mimeographed or typewritten Debentures, with or without coupons, in such forms form and in such denominations and signed in such manner as may be approved by the Trustee and either the Chief Executive Officer or a Vice President of the Corporation (whose certification or signature, either manual or in facsimile, as the case may approvebe, on any such interim Debentures shall be conclusive evidence of such approval) entitling the Holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are ready for delivery; provided, howeverwithout expense to such Holders, that but the total amount of interim Debentures so issued shall not exceed the aggregate principal amount of Debentures authorized to be issued hereunder. Forthwith after the issuance of such series authorized for issue. When so issued and certified, any such interim Debentures the Corporation shall cause to be prepared the appropriate definitive Debentures for delivery to the Holders of such interim Debentures. Interim Debentures which have been duly issued shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof until exchanged for definitive Debentures, entitle the Holders of the said interim Debentures shall be deemed thereof to be rank for all purposes as Debentureholders and entitled to the benefit otherwise in respect of this Indenture to the same extent and in the same manner as though the said such exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the When exchanged for definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation or the Trustee to the Holders of such interim Debentures for such exchange thereofshall forthwith be cancelled by the Trustee. All Any interest paid upon interim Debentures without coupons shall be noted thereon by the Paying Agent as a condition precedent to such paying agent at the time of payment unless paid by cheque to the registered Holders Holder thereof.

Appears in 1 contract

Samples: Trust Indenture (MDC Partners Inc)

Interim Debentures. Pending the delivery of definitive Debentures of any series to the Trustee, the Corporation Bank may issue and the Trustee shall certify in lieu thereof interim Debentures, with or without coupons, in such forms and in such denominations and signed in such manner as the Trustee and the Corporation Bank may approve, entitling the Holders holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are ready for delivery; provided, however, that the total amount of interim Debentures shall not exceed the aggregate principal amount of Debentures of such series authorized for issue. When so issued and certified, such interim Debentures shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof for definitive Debentures, the Holders holders of the said interim Debentures shall be deemed to be Debentureholders and entitled to the benefit of this Trust Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation Bank shall have executed and delivered the definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation Bank or the Trustee to the Holders holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall be noted thereon by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders holders thereof.

Appears in 1 contract

Samples: Trust Indenture (Bank of Montreal /Can/)

Interim Debentures. Pending the delivery to the Trustee of definitive Debentures of any series to the Trusteeseries, the Corporation may issue (but subject to the same provisions, conditions and limitations as herein set forth), and the Trustee shall may certify in lieu thereof interim Debenturesprinted, with mimeographed or without coupons, typewritten Debentures in such forms form and in such denominations and signed in with such manner appropriate insertions, omissions, substitutions and variations as the Trustee and the Corporation may approveapprove (such approval to be conclusively evidenced by the certification of such Debentures by or on behalf of the Trustee and the signature thereof, either manual or in facsimile, by the President or another officer of the Corporation) entitling the Holders holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are ready for delivery; provided, howeverwithout expense to the holders, that but the total amount of interim Debentures of any series shall not exceed the aggregate principal amount of such series of Debentures authorized to be issued hereunder. Forthwith after the issuance of any such interim Debentures, the Corporation shall cause to be prepared the appropriate definitive Debentures for delivery to the holders of such series authorized for issueinterim Debentures. When so issued and certified, Any such interim Debentures when duly issued shall, for all purposes, be deemed to be Debentures and, pending the exchange thereof until exchanged for definitive Debentures, entitle the Holders of the said interim Debentures shall be deemed holders thereof to be rank for all purposes as Debentureholders and entitled to the benefit otherwise in respect of this Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the When exchanged for definitive Debentures to the Trustee, the Trustee shall at the Corporation's expense, call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (if any) pertaining thereto. No charge shall be made by the Corporation or the Trustee to the Holders of such interim Debentures for such exchange thereof. All interest paid upon interim Debentures without coupons shall forthwith be noted thereon cancelled by the Paying Agent as a condition precedent to such payment unless paid by cheque to the registered Holders thereofTrustee.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver Corp)

Interim Debentures. Pending the delivery of definitive Debentures of any series to the Trustee, the Corporation may issue and the Trustee shall certify in lieu thereof interim Debentures, with or without coupons, in such forms and in such denominations and signed in such manner as the Trustee and the Corporation may approveprovided herein, entitling the Holders holders thereof to definitive Debentures of the said series and any coupons relating thereto in any authorized denominations when the same are ready for delivery; provided, however, that or the total amount of Corporation may execute and the Trustee certify an interim Debentures shall not exceed Debenture for the aggregate whole principal amount of Debentures of the said series then authorized to be issued hereunder and deliver the same to the Trustee and thereupon the Trustee shall, when the same are ready for delivery, certify definitive Debentures in such series authorized for issueform and in such amounts, not exceeding in the aggregate the principal amount of the interim Debenture so delivered to it, as the Corporation and the Trustee may approve. When so issued and certified, such interim Debentures shall, for all purposespurposes but without duplication, be deemed to be rank in respect of this Indenture equally with Debentures duly issued hereunder and, pending the exchange thereof for definitive Debentures, the Holders holders of the said interim Debentures shall be deemed without duplication to be Debentureholders Debenture holders and entitled to the benefit of this Indenture to the same extent and in the same manner as though the said exchange had actually been made. Forthwith after the Corporation shall have executed and delivered the definitive Debentures to the Trustee, the Trustee shall at the Corporation's expensecancel such interim Debentures, if any, and shall call in for exchange all interim Debentures that shall have been issued and forthwith after such exchange shall cancel the same together with all unmatured coupons (coupons, if any) pertaining , appertaining thereto. No charge shall be made by the Corporation or the Trustee to the Holders holders of such interim Debentures for such the exchange thereof. All interest paid upon interim Debentures without coupons shall be noted thereon by on the Paying Agent definitive Debentures as a condition precedent to such payment delivery of definitive Debentures unless paid by cheque to the registered Holders holders thereof.

Appears in 1 contract

Samples: Trust Indenture (Talisman Energy Inc)

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