Common use of Temporary Debentures Clause in Contracts

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 25 contracts

Samples: Indenture (Local Financial Corp /Nv), Indenture (American Bank Inc), Indenture (First Banks Inc)

AutoNDA by SimpleDocs

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay delay, the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed authenticated and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 14 contracts

Samples: Indenture (Tompkins Financial Corp), Indenture (S Y Bancorp Inc), Indenture (First Busey Statutory Trust V)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New Yorksuch purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 11 contracts

Samples: Indenture (Bankunited Capital Ii), Indenture (Bankunited Capital Iii), Indenture (Southside Capital Trust I)

Temporary Debentures. Pending the preparation of definitive The Company may execute temporary Debentures, and upon the Company may executeCompany's Order, and the Trustee shall authenticate and deliver, make such temporary Debentures (available for delivery. Temporary Debentures shall be printed, lithographed, typewritten, mimeographed or typewritten). Such temporary Debentures shall be substantially otherwise produced, in any authorized denomination, in the form same series and principal amount and of like tenor as the definitive Debentures in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the Officers of the Company executing such Debentures may be appropriate for temporary determine, as conclusively evidenced by their execution of such Debentures. After the preparation of definitive Debentures, all as may be determined by the Company. Every temporary Debenture Debentures shall be executed by the Company and be authenticated by the Trustee upon exchangeable for definitive Debentures of the same conditions and in substantially series upon surrender of the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for such purpose pursuant to Section 2.05 hereof, without charge to the purpose in Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Borough of Manhattan, The City of New York, and the Trustee Company shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate execute a like principal amount of definitive DebenturesDebentures of the same series of authorized denominations, unless and the Trustee, upon receipt of a Company advises the Trustee to the effect that definitive Order, shall authenticate and make such Debentures need not be executed and furnished until further notice from the Companyavailable for delivery in exchange therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunderDebentures.

Appears in 9 contracts

Samples: Indenture (Public Service Electric & Gas Co), Indenture (Public Service Electric & Gas Co), Indenture (Pseg Power Capital Trust V)

Temporary Debentures. Pending the preparation of definitive (a) The Company may execute temporary Debentures, and upon the Company may executeCompany's Order, and the Trustee shall authenticate and deliver, make such temporary Debentures (available for delivery. Temporary Debentures shall be printed, lithographed, typewritten, mimeographed or typewritten). Such temporary Debentures shall be substantially otherwise produced, in any authorized denomination, in the form same series and principal amount and of like tenor as the definitive Debentures in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the Officers of the Company executing such Debentures may be appropriate for temporary determine, as conclusively evidenced by their execution of such Debentures. (b) After the preparation of definitive Debentures, all as may be determined by the Company. Every temporary Debenture Debentures shall be executed by the Company and be authenticated by the Trustee upon exchangeable for definitive Debentures of the same conditions and in substantially series upon surrender of the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for such purpose pursuant to Section 2.05 hereof, without charge to the purpose in Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Borough of Manhattan, The City of New York, and the Trustee Company shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate execute a like principal amount of definitive DebenturesDebentures of the same series of authorized denominations, unless and the Trustee, upon receipt of a Company advises the Trustee to the effect that definitive Order, shall authenticate and make such Debentures need not be executed and furnished until further notice from the Companyavailable for delivery in exchange therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Junior Indenture as definitive Debentures authenticated and delivered hereunderDebentures.

Appears in 9 contracts

Samples: Junior Indenture (Heco Capital Trust Ii), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Heco Capital Trust Ii)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the that purpose in Wilmington, Delaware or such other office or agency as the Borough of Manhattan, The City of New YorkCompany shall designate for that purpose pursuant to Section 5.2 hereof, and the Trustee shall authenticate authenticate, upon written order of the Company, and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed authenticated and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 8 contracts

Samples: Indenture (Alabama National Bancorporation), Indenture (San Rafael Bancorp), Indenture (Heartland Financial Usa Inc)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The the City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 7 contracts

Samples: Indenture (Sbi Capital Trust), Indenture (Peoples Bancshares Inc), Indenture (Stifel Financial Capital Trust)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company Corporation may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the CompanyCorporation. Every temporary Debenture shall be executed by the Company Corporation and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company Corporation shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company Corporation designated for the purpose in the Borough of Manhattan, The City of New Yorksuch purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company Corporation advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the CompanyCorporation. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 6 contracts

Samples: Indenture (American Community Bancshares Inc), Indenture (Southern Community Capital Trust I), Indenture (Apab Capital Trust I)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, New York or Wilmington, Delaware and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 6 contracts

Samples: Indenture (Heartland Financial Capital Trust I), Indenture (Paradigm Capital Trust Ii), Indenture (Quad City Holdings Inc)

Temporary Debentures. Pending the preparation of definitive The Company may execute temporary Debentures, and upon the Company may executeCompany's Order, and the Trustee shall authenticate and deliver, make such temporary Debentures (available for delivery. Temporary Debentures shall be printed, lithographed, typewritten, mimeographed or typewritten). Such temporary Debentures shall be substantially otherwise produced, in any authorized denomination, in the form same series and principal amount and of like tenor as the definitive Debentures in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by Officers of the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effectexecuting such Debentures may determine, as the definitive conclusively evidenced by their execution of such Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all Such temporary Debentures may be surrendered in exchange therefor (without charge to global form. Except in the holders)case of temporary Debentures in global form, which shall be exchanged in accordance with the provisions thereof, after the preparation of definitive Debentures, the temporary Debentures shall be exchangeable for definitive Debentures of the same series upon surrender of the temporary Debentures at the office Office or agency Agency of the Company designated for such purpose pursuant to Section 2.04, without charge to the purpose in Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Borough of Manhattan, The City of New York, and the Trustee Company shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate execute a like principal amount of definitive DebenturesDebentures of the same series of authorized denominations, unless and the Trustee, upon receipt of a Company advises the Trustee to the effect that definitive Order, shall authenticate and make such Debentures need not be executed and furnished until further notice from the Companyavailable for delivery in exchange therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunderDebentures.

Appears in 5 contracts

Samples: Indenture (Radio One Licenses LLC), Indenture (Cox Trust Ii), Indenture (Hercules Inc)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Debentures (which are printed, lithographed, typewritten, mimeographed or typewritten). Such temporary Debentures shall be otherwise produced, in any denomination, substantially in of the form tenor of the definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Debentures may determine, as evidenced by their execution of such Debentures. If temporary Debentures are issued, but with such omissions, insertions and variations as may the Company will cause definitive Debentures to be appropriate for temporary prepared without unreasonable delay. After the preparation of definitive Debentures, all as may be determined by the Company. Every temporary Debenture Debentures shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish exchangeable for definitive Debentures and thereupon any or all upon surrender of the temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in without charge to the Borough Holder. Upon surrender for cancellation of Manhattanany one or more temporary Debentures, The City of New York, the Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate therefor a like principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Companyof authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunderDebentures.

Appears in 5 contracts

Samples: Indenture (Big Flower Holdings Inc), Junior Convertible Subordinated Indenture (Dayton Superior Capital Trust), Junior Convertible Subordinated Indenture (Dura Automotive Systems Inc)

Temporary Debentures. Pending the preparation of definitive (a) The Company may execute temporary Debentures, and upon the Company may executeCompany’s Order, and the Trustee shall authenticate and deliver, make such temporary Debentures (available for delivery. Temporary Debentures shall be printed, lithographed, typewritten, mimeographed or typewritten). Such temporary Debentures shall be substantially otherwise produced, in any authorized denomination, in the form same series and principal amount and of like tenor as the definitive Debentures in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the Officers of the Company executing such Debentures may be appropriate for temporary determine, as conclusively evidenced by their execution of such Debentures. (b) After the preparation of definitive Debentures, all as may be determined by the Company. Every temporary Debenture Debentures shall be executed by the Company and be authenticated by the Trustee upon exchangeable for definitive Debentures of the same conditions and in substantially series upon surrender of the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for such purpose pursuant to Section 2.05, without charge to the purpose in Holders thereof. Upon surrender for cancellation of any one or more temporary Debentures, the Borough of Manhattan, The City of New York, and the Trustee Company shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate execute a like principal amount of definitive DebenturesDebentures of the same series of authorized denominations, unless and the Trustee, upon receipt of a Company advises the Trustee to the effect that definitive Order, shall authenticate and make such Debentures need not be executed and furnished until further notice from the Companyavailable for delivery in exchange therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Junior Indenture as definitive Debentures authenticated and delivered hereunderDebentures.

Appears in 5 contracts

Samples: Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Debentures (which are printed, lithographed, typewritten, mimeographed or typewritten). Such temporary Debentures shall be otherwise produced, in any authorized denomination, substantially in of the form tenor of the definitive Debentures in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Debentures may determine, as evidenced by their execution of such Debentures. Except in the case of temporary Debentures in global form, which shall be exchanged in accordance with the provisions hereof, if temporary Debentures are issued, but with such omissions, insertions and variations as may the Company will cause definitive Debentures to be appropriate for temporary prepared without unreasonable delay. After the preparation of definitive Debentures, all as may be determined by the Company. Every temporary Debenture Debentures shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish exchangeable for definitive Debentures and thereupon any or all upon surrender of the temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough Place of ManhattanPayment, The City without charge to the Holder. Upon surrender for cancellation of New Yorkany one or more temporary Debentures, the Company shall execute and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate therefor a like principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Companyof authorized denominations. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunderDebentures.

Appears in 4 contracts

Samples: Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc), Indenture (Bankatlantic Bancorp Inc)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of ManhattanBoston, The City of New YorkMassachusetts, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (Independent Bank Corp /Mi/), Indenture (Independent Bank Corp /Mi/), Indenture (Matrix Bancorp Capital Trust I)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (Intrust Financial Corp /), Indenture (First America Capital Trust), Indenture (1st Source Capital Trust Ii)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures of any series, the Company may execute, and the Trustee shall authenticate and delivermake available for delivery, temporary Debentures (printed, lithographed, lithographed or typewritten). Such temporary Debentures shall be ) of any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive DebenturesDebentures of such series. Without unnecessary delay the Company shall will execute and shall will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Debentures an equal aggregate principal amount of definitive DebenturesDebentures of such series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall be entitled to the same benefits under this Indenture as definitive Debentures of such series authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Aes Corporation), Junior Subordinated Indenture (Owens & Minor Trust I), Junior Subordinated Indenture (Aes Corporation)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New Yorkpurpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 4 contracts

Samples: Indenture (Lakeland Capital Trust), Indenture (Simmons First Capital Trust), Indenture (1st Source Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in Wilmington, Delaware, or such other location designated by the Borough of Manhattan, The City of New YorkCompany, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Indenture (First Merchants Capital Trust I), Indenture (First Merchants Corp), Indenture (First Merchants Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New Yorkpurpose, and the Trustee upon the written order of the Company shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed authenticated and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 3 contracts

Samples: Indenture (Great Southern Capital Trust IV), Indenture (First Financial Capital Trust II), Indenture (Horizon Financial Capital Trust II)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company Corporation may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the CompanyCorporation. Every temporary Debenture shall be executed by the Company Corporation and shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company Corporation shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company Corporation designated for the purpose in the Borough of Manhattan, The City of New Yorksuch purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company Corporation advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the CompanyCorporation. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Southern Community Financial Corp), Indenture (Southern Community Financial Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New Yorkpurpose, and the Trustee upon the written order of the Company shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Capitol Bancorp LTD), Indenture (Capitol Trust Xv)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures of any series, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, lithographed or typewritten). Such temporary Debentures shall be ) of any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive DebenturesDebentures of such series. Without unnecessary delay the Company shall will execute and shall will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough a Place of Manhattan, The City of New YorkPayment for that series, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive DebenturesDebentures of such series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall be entitled to the same benefits under this Indenture as definitive Debentures of such series authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Junior Indenture (Hawaiian Electric Industries Inc), Indenture (Hei Preferred Funding L P)

Temporary Debentures. Pending the preparation of definitive -------------------- Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay delay, the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed authenticated and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Abc Bancorp Capital Trust I), Indenture (Abc Bancorp Capital Trust I)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the that purpose in the Borough of Manhattan, The City of New York, New York or Wilmington, Delaware or such other office or agency as the Company shall designate, pursuant to Section 5.2 hereof, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Front Range Capital Trust I), Indenture (Front Range Capital Trust I)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay delay, the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.aggregate

Appears in 2 contracts

Samples: Indenture (Baylake Capital Trust I), Indenture (Baylake Capital Trust I)

Temporary Debentures. Pending At all times prior to distribution of Debentures to the holders of Trust Preferred Securities, and, upon such distribution, pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and delivermake available for delivery, temporary Debentures (printed, lithographed, lithographed or typewritten). Such temporary Debentures shall be ) of any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without Upon distribution of Debentures to the holders of Trust Preferred Securities, without unnecessary delay the Company shall will execute and shall will furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company Trustee designated for the purpose in the Borough of Manhattan, The the City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive DebenturesDebentures of such series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Sunsource Inc), Indenture (Sunsource Inc)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New YorkCompany, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (R&g Financial Corp), Indenture (R&g Capital Trust V)

AutoNDA by SimpleDocs

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay delay, the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed authenticated and furnished until further notice from the 18 Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Mb Financial Capital Trust I), Indenture (Mb Financial Inc /Md)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Debentures (printed, printed or lithographed, or typewritten). Such temporary Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Debentures. Without unnecessary unreasonable delay the Company shall will execute and shall furnish deliver to the Trustee definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders)therefor, at the principal office of the Trustee in the City of ______ or the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless . Such exchange shall be made by the Company advises the Trustee to the effect that definitive Debentures need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Zenith Electronics Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Debentures (printedtyped, printed or lithographed, or typewritten). Such temporary Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Debentures. Without unnecessary unreasonable delay the Company shall will execute and shall furnish deliver to the Trustee definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders)therefor, at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New YorkYork (which office for purposes of this Section 2.07 shall be the office in the said Borough of the registrar hereunder), and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless . Such exchange shall be made by the Company advises the Trustee to the effect that definitive Debentures need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Comcast Cable Communications Inc)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures of any series, the Company may execute, and the Trustee shall authenticate and delivermake available for delivery, temporary Debentures (printedof any authorized denomination, lithographed, or typewritten). Such temporary Debentures shall be and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive DebenturesDebentures of such series. Without unnecessary delay the Company shall will execute and shall will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holdersHolders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City and State of New York, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Debentures an equal aggregate principal amount of definitive DebenturesDebentures of such series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall be entitled to the same benefits under this Indenture as definitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Federal Mogul Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of ManhattanFranklin, The City of New YorkTennessee, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Franklin Capital Trust I)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Yardville Capital Trust)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay delay, the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed authenticated and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.. 18NEXT PAGE

Appears in 1 contract

Samples: Indenture (Itla Capital Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, execute and the Trustee shall authenticate and deliver, make available for delivery temporary Debentures (printed, lithographed, typewritten or typewrittenotherwise reproduced, in each case in form reasonably acceptable to the Trustee). Such temporary Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the CompanyCompany with the reasonable concurrence of the Trustee. Temporary Debentures may contain such reference to any provisions of this Amended and Restated Indenture as may be appropriate. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary unreasonable delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), Holder at the each office or agency of to be maintained by the Company designated for the that purpose in the Borough of Manhattan, The City of New Yorkpursuant to Section 3.2, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Companyof authorized denominations. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Amended and Restated Indenture as definitive Debentures authenticated and delivered hereunderDebentures.

Appears in 1 contract

Samples: Indenture (Capital Trust Inc)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures of any series, the Company may execute, and the Trustee shall authenticate and deliver26 make available for delivery, temporary Debentures (printed, lithographed, lithographed or typewritten). Such temporary Debentures shall be ) of any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive DebenturesDebentures of such series. Without unnecessary delay the Company shall will execute and shall will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City and State of New YorkYork or Wilmington, Delaware, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Debentures an equal aggregate principal amount of definitive DebenturesDebentures of such series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall be entitled to the same benefits under this Indenture as definitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (K N Capital Trust Iii)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed authenticated and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (First Preferred Capital Trust Ii)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed executed, authenticated and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Greater Atlantic Financial Corp)

Temporary Debentures. Pending the preparation of definitive -------------------- Debentures, the Company may execute, execute and the Trustee shall authenticate and deliver, deliver temporary Debentures (printed, printed or lithographed, or typewritten). Such temporary Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every such temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like the same effect, as the definitive Debentures. Without unnecessary unreasonable delay the Company shall will execute and shall furnish deliver to the Trustee definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders)therefor, at the principal office of the Trustee in the City of Chicago or the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless . Such exchange shall be made by the Company advises the Trustee to the effect that definitive Debentures need not be executed at its own expense and furnished until further notice from the Companywithout any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Zenith Electronics Corp)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Indenture Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Indenture Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for or at the purpose in office of the Borough of Manhattan, The City of New York, Debenture Registrar and the Indenture Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Indenture Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Bridge Bancorp Inc)

Temporary Debentures. Pending the preparation of definitive DebenturesDebentures of any series, the Company may execute, and the Trustee shall authenticate and delivermake available for delivery, temporary Debentures (printed, lithographed, lithographed or typewritten). Such temporary Debentures shall be ) of any authorized denomination, and substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture of any series shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive DebenturesDebentures of such series. Without unnecessary delay the Company shall will execute and shall will furnish definitive Debentures of such series and thereupon any or all temporary Debentures of such series may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City and State of New YorkYork or Wilmington, Delaware, and the Trustee shall authenticate and such office or agency shall deliver make available for delivery in exchange for such temporary Debentures an equal aggregate principal amount of definitive DebenturesDebentures of such series, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures of such series shall be entitled to the same benefits under this Indenture as definitive Debentures of such series authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (K N Capital Trust Ii /De/)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, lithographed or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures (printed, lithographed or typewritten, or provided by any combination thereof, or in any other manner permitted by the rules and regulations of any applicable securities exchange) and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New Yorkpurpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Independent Capital Trust)

Temporary Debentures. Pending the preparation of -------------------- definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay delay, the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed authenticated and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Ctbi Preferred Capital Trust Ii)

Temporary Debentures. Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and delivermake available, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New Yorksuch purpose, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Fidelity Capital Trust I)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!