Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series the Company may execute and the Trustee or Authenticating Agent shall authenticate and deliver temporary Debt Securities (printed, lithographed or typewritten). Temporary Debt Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Debt Securities in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debt Securities, all as may be determined by the Company. Every such temporary Debt Security shall be authenticated by the Trustee or the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debt Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Debt Securities of such series and thereupon any or all temporary Debt Securities of such series may be surrendered in exchange therefor, at the option of the Holders thereof, at any offices or agencies as may be designated and maintained by the Company for such purpose in accordance with the provisions of Section 4.02, and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal aggregate principal amount and maturity of definitive Debt Securities of the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the temporary Debt Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of the same series. SECTION 2.09.
Appears in 2 contracts
Samples: McDonalds Corp, McDonalds Corp
Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and upon receipt of the documents required by Sections 2.02, 3.01 and 3.04, together with a Company Order, the Trustee or Authenticating Agent shall authenticate and deliver deliver, such temporary Debt Securities (which may be printed, lithographed lithographed, typewritten, mimeographed or typewritten). Temporary Debt Securities shall be issuable otherwise produced, in any authorized denomination and denominations, substantially in the form of the tenor of such definitive Debt Securities 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 Debt Securities, all as may be determined by the Company. Every officer(s) executing such temporary Debt Security shall be authenticated Securities may determine, as evidenced by the Trustee or the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive execution of such temporary Debt Securities in lieu by such officer(s). If temporary Debt Securities of which they any series are issued. Without unreasonable delay , the Company will execute and deliver to the Trustee cause definitive Debt Securities of such series and thereupon to be prepared without unreasonable delay. After the preparation of definitive Debt Securities of any or all series, the temporary Debt Securities of such series may shall be surrendered in exchange thereforexchangeable for definitive Debt Securities of such series, at the option upon surrender of the Holders thereof, temporary Debt Securities of such series at any offices office or agencies as may be designated and agency maintained by the Company for such purpose purposes as provided in accordance with Section 5.02, without charge to the provisions Holder. Upon surrender for cancellation of Section 4.02any one or more temporary Debt Securities of any series, the Company shall execute and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal aggregate therefore a like principal amount and maturity of definitive Debt Securities of such series having the same series. Such exchange shall be made by interest rate and Stated Maturity and bearing interest from the Company at its own expense and without same date of any charge thereforauthorized denominations. Until so exchanged, exchanged the temporary Debt Securities of any such series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of the same such series. SECTION 2.09.
Appears in 2 contracts
Samples: Indenture (Perma-Pipe International Holdings, Inc.), Indenture (Perma-Pipe International Holdings, Inc.)
Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and upon receipt of the documents required by Sections 3.01 and 3.04, together with a Company Order, the Trustee or Authenticating Agent shall authenticate and deliver deliver, such temporary Debt Securities (which may be printed, lithographed lithographed, typewritten, mimeographed or typewritten). Temporary Debt Securities shall be issuable otherwise produced, in any authorized denomination and denominations, substantially in the form of the tenor of such definitive Debt Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such temporary Debt Securities may be appropriate for determine, as evidenced by their execution of such temporary Debt Securities, all as may be determined by the Company. Every such If temporary Debt Security shall be authenticated by the Trustee or the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debt Securities in lieu of which they any series are issued. Without unreasonable delay , the Company will execute and deliver to the Trustee cause definitive Debt Securities of such series and thereupon to be prepared without unreasonable delay. After the preparation of definitive Debt Securities of any or all series, the temporary Debt Securities of such series may shall be surrendered in exchange thereforexchangeable for definitive Debt Securities of such series, at the option upon surrender of the Holders thereof, temporary Debt Securities of such series at any offices office or agencies as may be designated and agency maintained by the Company for such purpose purposes as provided in accordance with Section 5.02, without charge to the provisions Holder. Upon surrender for cancellation of Section 4.02any one or more temporary Debt Securities of any series, the Company shall execute and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal aggregate therefore a like principal amount and maturity of definitive Debt Securities of such series having the same series. Such exchange shall be made by interest rate and Stated Maturity and bearing interest from the Company at its own expense and without same date of any charge thereforauthorized denominations. Until so exchanged, exchanged the temporary Debt Securities of any such series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of the same such series. SECTION 2.09.
Appears in 1 contract
Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and upon receipt of the documents required by Sections 2.2, 3.1 and 3.4, together with a Company Order, the Trustee or Authenticating Agent shall authenticate and deliver deliver, such temporary Debt Securities (which may be printed, lithographed lithographed, typewritten, mimeographed or typewritten). Temporary Debt Securities shall be issuable otherwise produced, in any authorized denomination and denominations, substantially in the form of the tenor of such definitive Debt Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such temporary Debt Securities may be appropriate for determine, as evidenced by their execution of such temporary Debt Securities, all as may be determined by the Company. Every such If temporary Debt Security shall be authenticated by the Trustee or the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debt Securities in lieu of which they any series are issued. Without unreasonable delay , the Company will execute and deliver to the Trustee cause definitive Debt Securities of such series and thereupon to be prepared without unreasonable delay. After the preparation of definitive Debt Securities of any or all series, the temporary Debt Securities of such series may shall be surrendered in exchange thereforexchangeable for definitive Debt Securities of such series, at the option upon surrender of the Holders thereof, temporary Debt Securities of such series at any offices office or agencies as may be designated and agency maintained by the Company for such purpose purposes as provided in accordance with Section 5.2, without charge to the provisions Holder. Upon surrender for cancellation of Section 4.02any one or more temporary Debt Securities of any series, the Company shall execute and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal aggregate therefore a like principal amount and maturity of definitive Debt Securities of such series having the same series. Such exchange shall be made by interest rate and Stated Maturity and bearing interest from the Company at its own expense and without same date of any charge thereforauthorized denominations. Until so exchanged, exchanged the temporary Debt Securities of any such series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of the same such series. SECTION 2.09.
Appears in 1 contract
Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and upon receipt of the documents required by Sections 2.02, 3.01 and 3.04, together with a Company Order, the Trustee or Authenticating Agent shall authenticate and deliver deliver, such temporary Debt Securities (which may be printed, lithographed lithographed, typewritten, mimeographed or typewritten). Temporary Debt Securities shall be issuable otherwise produced, in any authorized denomination and denominations, substantially in the form of the tenor of such definitive Debt Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such temporary Debt Securities may be appropriate for determine, as evidenced by their execution of such temporary Debt Securities, all as may be determined by the Company. Every such If temporary Debt Security shall be authenticated by the Trustee or the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debt Securities in lieu of which they any series are issued. Without unreasonable delay , the Company will execute and deliver to the Trustee cause definitive Debt Securities of such series and thereupon to be prepared without unreasonable delay. After the preparation of definitive Debt Securities of any or all series, the temporary Debt Securities of such series may shall be surrendered in exchange thereforexchangeable for definitive Debt Securities of such series, at the option upon surrender of the Holders thereof, temporary Debt Securities of such series at any offices office or agencies as may be designated and agency maintained by the Company for such purpose purposes as provided in accordance with Section 5.02, without charge to the provisions Holder. Upon surrender for cancellation of Section 4.02any one or more temporary Debt Securities of any series, the Company shall execute and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal aggregate therefore a like principal amount and maturity of definitive Debt Securities of such series having the same series. Such exchange shall be made by interest rate and Stated Maturity and bearing interest from the Company at its own expense and without same date of any charge thereforauthorized denominations. Until so exchanged, exchanged the temporary Debt Securities of any such series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of the same such series. SECTION 2.09.
Appears in 1 contract
Samples: Indenture (Johnson Controls Inc)
Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and upon Company Order the Trustee or Authenticating Agent shall authenticate and deliver deliver, temporary Debt Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten). Temporary Debt Securities shall be issuable otherwise produced, in any authorized denomination and denomination, substantially in of the form tenor of the definitive Debt Securities in lieu of which they are issued, but in registered form or, if authorized, in bearer form with one or more coupons or without coupons, and with such appropriate insertions, omissions, insertions substitutions and other variations as the duly authorized officers executing such Debt Securities may be appropriate for temporary determine, as evidenced by their execution of such Debt Securities. In the case of Debt Securities of any series, all as may be determined by the Company. Every such temporary Debt Securities may be in global form, representing all or a portion of the Outstanding Debt Securities of such series. A temporary Bearer Security shall be authenticated by the Trustee or the Authenticating Agent upon the same conditions and delivered only in substantially the same manner, and compliance with the same effectconditions set forth in Section 303. Except in the case of temporary Bearer Securities in global form (which shall be exchanged in accordance with the provisions of the following paragraphs), as if temporary Debt Securities of any series are issued, the Company will cause definitive Debt Securities in lieu of which they are issuedthat series to be prepared without unreasonable delay. Without unreasonable delay After the Company will execute and deliver to preparation of definitive Debt Securities of such series, the Trustee temporary Debt Securities of such series shall be exchangeable for definitive Debt Securities of such series and thereupon any or all upon surrender of the temporary Debt Securities of such series may be surrendered in exchange therefor, at the option office or agency of the Holders thereofCompany maintained pursuant to Section 1002 in a Place of Payment for that series, at without charge to the Holder. Upon surrender for cancellation of any offices one or agencies as may be designated and maintained more temporary Debt Securities of any series (accompanied by any unmatured coupons appertaining thereto) the Company for such purpose in accordance with the provisions of Section 4.02, shall execute and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal therefor a like aggregate principal amount and maturity of definitive Debt Securities of the same series. Such exchange series and of like tenor of authorized denominations; provided, however, that no definitive Bearer Security shall be made by delivered in exchange for a temporary Registered Security; and provided, further, that a definitive Bearer Security shall be delivered in exchange for a temporary Bearer Security only in compliance with the Company at its own expense and without any charge thereforconditions set forth in Section 303. Until so exchanged, exchanged the temporary Debt Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of such series. If temporary Bearer Securities of any series are issued in global form, any such temporary global Debt Security shall, unless otherwise provided therein, be delivered to the London office of a depositary or common depositary (the "Common Depositary"), for the benefit of Euro-clear and CEDEL S.A., for credit to the respective accounts of the beneficial owners of such Debt Securities (or to such other accounts as they may direct). Without unnecessary delay but in any event not later than the date specified in, or determined pursuant to the terms of, any such temporary global Bearer Security of a series (the "Exchange Date"), the Company shall deliver to the Trustee definitive Debt Securities of such series in aggregate principal amount equal to the principal amount of such temporary global Bearer Security, executed by the Company. On or after the Exchange Date, such temporary global Bearer Security shall be surrendered by the Common Depositary to the Trustee, as the Company's agent for such purpose, to be exchanged, in whole or from time to time in part, for definitive Debt Securities of such series without charge and the Trustee shall authenticate and deliver, in exchange for each portion of such temporary global Bearer Security, a like aggregate principal amount of definitive Debt Securities of the same seriesseries of authorized denominations and of like tenor as the portion of such temporary global Bearer Security to be exchanged; provided, however, that, unless otherwise specified in such temporary global Bearer Security, upon such presentation by the Common Depositary, such temporary global Bearer Security is accompanied by a certificate dated the Exchange Date or a subsequent date and signed by Euro-clear as to the portion of such temporary global Bearer Security held for its account then to be exchanged and a certificate dated the Exchange Date or a subsequent date and signed by CEDEL S.A. as to the portion of such temporary global Bearer Security held for its account then to be exchanged, each in the form set forth in Exhibit A-2 to this Indenture. SECTION 2.09.To the extent required by applicable United States Treasury regulations, in the case of a Bearer Security, the Exchange Date shall not be later than the expiration of a reasonable period after the expiration of the 40-day period beginning on the date of issuance of the temporary global Bearer Security to be exchanged. The definitive Debt Securities to be delivered in exchange for any such temporary global Bearer Security shall be in bearer form, registered form, permanent global bearer form or permanent global registered form, or any combination thereof, as specified as contemplated by Section 301, and, if any combination thereof is so specified, as requested by the beneficial owner thereof; provided, however, that definitive Bearer Securities shall be delivered in exchange for a portion of a temporary global Debt Security only in compliance with the requirements of Section 303. Unless otherwise specified in such temporary global Bearer Security, the interest of a beneficial owner of Debt Securities of a series in a temporary global Bearer Security shall be exchanged for definitive Debt Securities of the same series and of like tenor following the Exchange Date when the account holder instructs Euro-clear or CEDEL S.A., as the case may be, to request such exchange on his behalf and delivers to Euro-clear or CEDEL S.A., as the case may be, a certificate in the form set forth in Exhibit A-2 to this Indenture, dated no earlier than 15 days prior to the Exchange Date, copies of which certificate shall be available from the offices of Euro-clear and CEDEL S.A., the Trustee and each Paying Agent. Unless otherwise specified in such temporary global Bearer Security, any such exchange shall be made
Appears in 1 contract
Samples: First Supplemental Indenture (CPC International Inc)
Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and upon receipt of the documents required by Sections 2.02, 3.01 and 3.04, together with a Company Order, the Trustee or Authenticating Agent shall authenticate and deliver deliver, such temporary Debt Securities (printed, lithographed or typewritten). Temporary Debt Securities shall which may be issuable produced in any authorized denomination and denominations, substantially in the form of the tenor of such definitive Debt Securities in lieu of which they are issued, but issued and with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such temporary Debt Securities may be appropriate for determine, as evidenced by their execution of such temporary Debt Securities, all as may be determined by the Company. Every such If temporary Debt Security shall be authenticated by the Trustee or the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debt Securities in lieu of which they any series are issued. Without unreasonable delay , the Company will execute and deliver to the Trustee cause definitive Debt Securities of such series and thereupon to be prepared without unreasonable delay. After the preparation of definitive Debt Securities of any or all series, the temporary Debt Securities of such series may shall be surrendered in exchange thereforexchangeable for definitive Debt Securities of such series, at the option upon surrender of the Holders thereof, temporary Debt Securities of such series at any offices office or agencies as may be designated and agency maintained by the Company for such purpose purposes as provided in accordance with Section 5.02, without charge to the provisions Holder. Upon surrender for cancellation of Section 4.02any one or more temporary Debt Securities of any series, the Company shall execute and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal aggregate therefore a like principal amount and maturity of definitive Debt Securities of such series having the same series. Such exchange shall be made by interest rate and Stated Maturity and bearing interest from the Company at its own expense and without same date of any charge thereforauthorized denominations. Until so exchanged, exchanged the temporary Debt Securities of any such series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of the same such series. SECTION 2.09.
Appears in 1 contract
Samples: Indenture (Hennessy Advisors Inc)
Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series series, or any Tranche thereof, the Company may execute execute, and upon Company Order the Trustee or Authenticating Agent shall authenticate and deliver deliver, temporary Debt Securities (that are printed, lithographed lithographed, typewritten, mimeographed or typewritten). Temporary Debt Securities shall be issuable otherwise produced, in any authorized denomination and denomination, substantially in of the form tenor of the definitive Debt Securities in lieu of which they are issued, but with such appropriate insertions, omissions, insertions substitutions and other variations as the officers executing such Debt Securities may be appropriate for determine, as evidenced by their execution of such Debt Securities; provided, however, that temporary Debt SecuritiesSecurities need not recite specific redemption, all sinking fund, conversion or exchange provisions. Unless otherwise specified as may be determined contemplated by Section 301 with respect to the Company. Every such temporary Debt Security shall be authenticated by the Trustee or the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Debt Securities in lieu of which they are issued. Without unreasonable delay any series, or any Tranche thereof, after the Company will execute and deliver to the Trustee preparation of definitive Debt Securities of such series and thereupon any or all Tranche, the temporary Debt Securities of such series may or Tranche shall be surrendered in exchange thereforexchangeable, at without charge to the option of the Holders Holder thereof, at any offices for definitive Debt Securities of such series or agencies as may be designated and maintained by the Company for such purpose in accordance with the provisions Tranche, upon surrender of Section 4.02, and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal aggregate principal amount and maturity of definitive Debt Securities at the office or agency of the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor. Until so exchanged, the temporary Debt Securities maintained pursuant to Section 602 in a Place of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of the same series. SECTION 2.09.Payment for such Debt
Appears in 1 contract
Samples: Progress Energy Inc
Temporary Debt Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and upon Company Order the Trustee or Authenticating Agent shall authenticate and deliver deliver, temporary Debt Securities (which are printed, lithographed lithographed, typewritten, mimeographed or typewritten). Temporary Debt Securities shall be issuable otherwise produced, in any authorized denomination and denomination, substantially in of the form tenor of the definitive Debt Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Debt Securities may determine, as evidenced by their execution of such Debt Securities. If temporary Debt Securities of any series are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debt Securities, all as may be determined by the Company. Every such temporary Debt Security shall be authenticated by the Trustee or the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the Company will cause definitive Debt Securities in lieu of which they are issuedthat series to be prepared without unreasonable delay. Without unreasonable delay After the Company will execute and deliver to preparation of definitive Debt Securities of such series, the Trustee temporary Debt Securities of such series shall be exchangeable for definitive Debt Securities of such series and thereupon any or all upon surrender of the temporary Debt Securities of such series may be surrendered in exchange therefor, at the option office or agency of the Holders thereofCompany in a Place of Payment for that series, at without charge to the Holder. Upon surrender for cancellation of any offices one or agencies as may be designated and maintained by more temporary Debt Securities of any series the Company for such purpose in accordance with the provisions of Section 4.02, shall execute and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Debt Securities an equal aggregate therefor a like principal amount and maturity of definitive Debt Securities of the same series. Such exchange shall be made by the Company at its own expense and without any charge thereforseries of authorized denominations. Until so exchanged, the temporary Debt Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Debt Securities of the same such series. SECTION 2.09.
Appears in 1 contract
Samples: Indenture (Loews Corp)