Common use of Temporary Debentures Clause in Contracts

Temporary Debentures. Pending the preparation of Debentures in certificated forms, the Company may execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, authenticate and make available for delivery temporary Debentures (printed or lithographed). Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the Debentures in certificated form, 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 authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the Debentures in certificated form. Without unreasonable delay the Company will execute and deliver to the Trustee or such authenticating agent Debentures in certificated form (other than in the case of Debentures in global form) and thereupon any or all temporary Debentures (other than any such Debenture in global form) may be surrendered in exchange therefor, at each office or agency maintained by the Company pursuant to Section 4.2 and the Trustee or such authenticating agent shall authenticate and deliver in exchange for such temporary Debentures an equal aggregate principal amount of Debentures in certificated form. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Debentures in certificated form authenticated and made available for delivery hereunder.

Appears in 2 contracts

Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)

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Temporary Debentures. Pending the preparation of Debentures in certificated formsdefinitive Debentures, the Company may execute execute, and upon Company Order the Trustee or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, shall authenticate and make available for delivery delivery, temporary Debentures (printed which are printed, lithographed, typewritten, mimeographed or lithographed). Temporary Debentures shall be issuable otherwise produced, in any authorized denomination, and substantially in the form of the tenor of the definitive Debentures in certificated formlieu of which they are issued, but in registered form and with such appropriate insertions, omissions, insertions 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, 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 such temporary Debenture shall be executed by the Company and authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the Debentures in certificated form. Without unreasonable delay the Company will execute and deliver to the Trustee or such authenticating agent Debentures in certificated form (other than in the case of Debentures in global form) and thereupon any or all temporary Debentures (other than any such Debenture in global form) may be surrendered in exchange therefor, at each the office or agency maintained by of the Debenture Registrar, and the Company pursuant to Section 4.2 shall execute and the Trustee or such authenticating agent shall authenticate and deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures in certificated formform in exchange for temporary Debentures. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Debentures in definitive certificated form authenticated and made available for delivery delivered hereunder.

Appears in 2 contracts

Samples: Exchange Agreement (Insignia Financial Group Inc /De/), Indenture (Insignia Financing I)

Temporary Debentures. Pending the preparation of Debentures in certificated formsform, the Company Issuer may execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon the written request of the CompanyIssuer, authenticate and make available for delivery deliver temporary Debentures (printed or lithographed). Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the Debentures in certificated form, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the CompanyIssuer. Every such temporary Debenture shall be executed by the Company Issuer and authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the Debentures in certificated form. Without unreasonable delay delay, the Company Issuer will execute and deliver to the Trustee or such authenticating agent Debentures in certificated form (other than in the case of Debentures in global form) and thereupon any or all temporary Debentures (other than any such Debenture in global form) may be surrendered in exchange therefor, at each office or agency maintained by the Company Issuer pursuant to Section 4.2 4.02 and the Trustee or such authenticating agent shall authenticate and deliver make available for delivery in exchange for such temporary Debentures an equal aggregate principal amount of Debentures in certificated form. Such exchange shall be made by the Company Issuer at its own expense and without any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Debentures in certificated form authenticated and made available for delivery delivered hereunder.

Appears in 2 contracts

Samples: Indenture (Digital Realty Trust, Inc.), Indenture (Digital Realty Trust, Inc.)

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Temporary Debentures. Pending the preparation of Debentures in certificated formsform, the Company may execute and the Trustee or an authenticating agent appointed by the Trustee shall, upon the written request of the Company, authenticate and make available for delivery deliver temporary Debentures (printed or lithographed). Temporary Debentures shall be issuable in any authorized denomination, and substantially in the form of the Debentures in certificated form, 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 authenticated by the Trustee or such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the Debentures in certificated form. Without unreasonable delay delay, the Company will execute and deliver to the Trustee or such authenticating agent Debentures in certificated form (other than in the case of Debentures in global form) and thereupon any or all temporary Debentures (other than any such Debenture in global form) may be surrendered in exchange therefor, at each office or agency maintained by the Company pursuant to Section 4.2 5.02 and the Trustee or such authenticating agent shall authenticate and deliver make available for delivery in exchange for such temporary Debentures an equal aggregate principal amount Original Principal Amount of Debentures in certificated form. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the temporary Debentures shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as Debentures in certificated form authenticated and made available for delivery delivered hereunder.

Appears in 1 contract

Samples: Indenture (Kellwood Co)

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