Common use of Section 309 Cancellation Clause in Contracts

Section 309 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 shall be promptly cancelled by the Trustee in accordance with its customary procedures. 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 in accordance with its customary procedures. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section 309, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of in accordance with its customary procedures. The Trustee shall provide the Company or any Guarantor a list of all Securities that have been cancelled from time to time as requested in writing by the Company or such Guarantor.

Appears in 3 contracts

Samples: Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.)

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Section 309 Cancellation. All Securities surrendered for payment, redemption, registration of transfer or transfer, exchange or conversion 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 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 the Trustee in accordance with its customary proceduresor the Security Registrar, as the case may be. The Company or any Guarantor may at any time deliver to the Trustee or the Security Registrar 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 . All Securities so delivered shall be promptly cancelled by the Trustee in accordance with its customary proceduresor 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 309Section, 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 the Trustee shall be disposed of in accordance with its customary procedures. The Trustee procedures for the disposition of cancelled securities in effect as of the date of such disposition, and certification of the disposition of all cancelled Notes shall provide be delivered to the Company or any Guarantor a list of all Securities that have been cancelled from time to time as requested in writing by the Company or such Guarantorupon cancellation upon request.

Appears in 2 contracts

Samples: Subordinated Indenture (Home Bancshares Inc), Senior Indenture (Firstmerit Corp /Oh/)

Section 309 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 shall be promptly cancelled by the Trustee in accordance with its customary proceduresit. 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 in accordance with its customary proceduresTrustee. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section 309, except as expressly permitted by this Indenture. All cancelled Securities held by the Trustee shall be disposed of in accordance with its customary procedures. The Trustee shall provide the Company or any Guarantor a list of all Securities that have been cancelled from time to time as requested in writing by the Company or such Guarantor.

Appears in 2 contracts

Samples: Indenture (Ares Management Corp), Indenture (Ares Management Corp)

Section 309 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 any such Securities and Securities surrendered directly to the Trustee and for any such purpose shall be promptly cancelled by the Trustee in accordance with its customary proceduresit. 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 in accordance with its customary proceduresTrustee. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section 309Section, 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 proceduresprocedures unless by Company Order the Company shall direct that cancelled Securities be delivered to it or that a certification of their disposal be delivered to the Company. The Trustee shall provide Acquisition by the Company or any Subsidiary Guarantor of any Security shall not operate as a list redemption or satisfaction of all Securities that have been cancelled from time the indebtedness represented by such Security unless and until the same is delivered to time as requested in writing by the Company or such GuarantorTrustee for cancellation.

Appears in 1 contract

Samples: Senior Indenture (EAM Corp)

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Section 309 Cancellation. All Securities surrendered for payment, redemption, registration of transfer or transfer, exchange or conversion 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, as well as Securities surrendered directly to the Trustee and for any such purpose, shall be cancelled promptly cancelled by the Trustee in accordance with its customary proceduresTrustee. The Company or any Guarantor Issuer may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or such Guarantor 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 cancelled promptly cancelled by the Trustee in accordance with its customary proceduresTrustee. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section 309Section, except as expressly permitted by or pursuant to this Indenture. All cancelled Securities held by the Trustee shall be disposed of by the Trustee in accordance with its customary procedures, subject to the record retention requirements of the Exchange Act, and the Trustee shall deliver a certificate of such disposal to the Issuer upon its written request therefor. The Trustee shall provide the Company or any Guarantor Issuer with a list of all Securities that have been cancelled from time to time as requested in writing by the Company or such GuarantorIssuer.

Appears in 1 contract

Samples: Indenture (VICI Properties L.P.)

Section 309 Cancellation. All Securities and Coupons 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 Trustee. All Registered Securities and matured Coupons so delivered shall be promptly cancelled by the Trustee in accordance with its customary proceduresTrustee. The Company or any Guarantor the Guarantors may at any time deliver to the Trustee for cancellation any Securities previously authenticated and delivered hereunder which the Company or such Guarantor the Guarantors may have acquired in any manner whatsoever, whatsoever and the Company 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 in accordance with its customary proceduresSecurity Registrar. No Securities shall be authenticated in lieu of or in exchange for any Securities cancelled as provided in this Section 309Section, except as expressly permitted by or pursuant to this Indenture. All cancelled Securities and Coupons held by the Trustee shall be disposed of in accordance with its the customary procedures. The Trustee shall provide procedures of the Company or any Guarantor a list of all Securities that have been cancelled from time to time as requested in writing by the Company or such GuarantorTrustee.

Appears in 1 contract

Samples: Indenture (Harley Davidson Inc)

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