Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes.
Appears in 157 contracts
Samples: Indenture (Biora Therapeutics, Inc.), Indenture (Orthopediatrics Corp), Indenture (BigCommerce Holdings, Inc.)
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, shall authenticate temporary NotesNotes upon a written order of the Company signed by two Officers of the Company. Temporary Notes will shall be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and as shall be reasonably acceptable to the Trustee. The Without unreasonable delay, the Company will promptly prepare, issue, execute and deliver, shall prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, shall authenticate definitive Notes in exchange for temporary Notes. Until so exchangedsuch exchange, each Holders of temporary Note will in all respects Notes shall be entitled to all of the same benefits under of this Indenture as definitive NotesIndenture.
Appears in 24 contracts
Samples: Indenture (Wheeling Pittsburgh Corp /De/), Supplemental Indenture (Trico Marine Services Inc), Indenture (Cinemark Inc)
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, shall authenticate temporary NotesNotes upon a written order of the Company signed by two Officers of the Company. Temporary Notes will shall be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and as shall be reasonably acceptable to the Trustee. The Without unreasonable delay, the Company will promptly prepare, issue, execute and deliver, shall prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, shall authenticate definitive Notes in exchange for temporary Notes. Until so exchanged, each Holders of temporary Note will in all respects Notes shall be entitled to all of the same benefits under of this Indenture as definitive NotesIndenture.
Appears in 20 contracts
Samples: Indenture (Delta Mills Inc), Indenture (Sygnet Wireless Inc), Indenture (Inex Corp)
Temporary Notes. Until definitive Definitive Notes are ready for delivery, the Company may issue, execute and deliverprepare, and the Trustee will Trustee, upon receipt of an Authentication Order, shall authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will shall be substantially in the form of definitive Definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and as shall be reasonably acceptable to the Trustee. The Without unreasonable delay, the Company will promptly shall prepare, issue, execute and deliver, and the Trustee will shall authenticate, in each case in accordance with Section 2.02, definitive Definitive Notes and deliver them in exchange for temporary Notes. Until so exchanged, each Holders of temporary Note will in all respects Notes shall be entitled to all of the same benefits under of this Indenture as definitive NotesIndenture.
Appears in 19 contracts
Samples: Indenture (TransDigm Group INC), TransDigm Group INC, TransDigm Group INC
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this the Indenture as definitive Notes.
Appears in 7 contracts
Samples: Indenture (Nikola Corp), First Supplemental Indenture (Xeris Biopharma Holdings, Inc.), Supplemental Indenture (Cheesecake Factory Inc)
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and upon receipt of a Company Order the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this the Indenture as definitive Notes.
Appears in 4 contracts
Samples: Supplemental Indenture (Tellurian Inc. /De/), Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes.
Appears in 3 contracts
Samples: Supplemental Indenture (Biora Therapeutics, Inc.), Indenture (Lucid Group, Inc.), Ani Pharmaceuticals Inc
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes. Section 2.18.
Appears in 3 contracts
Samples: Pagaya Technologies Ltd., Peabody Energy Corp, Progress Software Corp /Ma
Temporary Notes. (a) Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, prepare and the Trustee will authenticateTrustee, upon receipt of a written order of the Company as set forth in each case in accordance with Section 2.022.2, shall authenticate temporary Notes. Temporary Notes will shall be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Without unreasonable delay, the Company will promptly prepare, issue, execute and deliver, shall prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, shall authenticate definitive Notes in exchange for temporary Notes. Until so exchanged, each the temporary Note will Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Notes.
Appears in 2 contracts
Samples: Registration Rights Agreement (P Com Inc), P Com Inc
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes. Section 2.17.
Appears in 2 contracts
Samples: Luminar Technologies, Inc./De, Xeris Biopharma Holdings, Inc.
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, prepare and the Trustee will authenticateshall, subject to Section 2.2, (in each the case in accordance with Section 2.02of original issuance), authenticate temporary NotesNotes upon a Company Order. Temporary Notes will shall be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Without unreasonable delay, the Company will promptly prepare, issue, execute and deliver, shall prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, upon request shall authenticate definitive Notes and date of maturity in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to securities shall have the same benefits rights under this Indenture as the definitive Notes.
Appears in 2 contracts
Samples: Harrahs Entertainment Inc, Harrahs Entertainment Inc
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issueprepare, execute and deliverand, and upon the order of the Company, the Trustee will shall authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will shall be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Without unreasonable delay, the Company will promptly prepare, issue, execute and deliver, shall prepare and the Trustee will authenticateshall authenticate definitive Notes, in each case in accordance with Section 2.02, definitive Notes in exchange which shall then be exchanged for the temporary Notes. Until so exchanged, each the temporary Note will Notes shall be entitled in all respects be entitled to the same benefits under this Indenture as definitive Notes.
Appears in 2 contracts
Samples: Satisfaction and Discharge of Indenture (America First Real Estate Investment Partners L P), America First Real Estate Investment Co Inc
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes..
Appears in 1 contract
Samples: Indenture (Kadmon Holdings, Inc.)
Temporary Notes. Until definitive Notes are ready for delivery, the Company Issuers may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company Issuers will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes.
Appears in 1 contract
Samples: Realogy Group LLC
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and and, upon receipt of a Company Order, the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this the Indenture as definitive Notes.
Appears in 1 contract
Samples: Indenture (American Airlines, Inc.)
Temporary Notes. Until definitive Definitive Notes are ready for delivery, the Company may issueprepare, execute and deliver, the Guarantors shall endorse and the Trustee will authenticate, in each case in accordance with Section 2.02, shall authenticate temporary Notes. Temporary Notes will shall be substantially in the form of definitive Notes but may have variations that the Company reasonably and in good faith considers appropriate for temporary Notes. The Without unreasonable delay, the Company will promptly shall prepare, issue, execute and deliver, the Guarantors shall endorse and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive shall authenticate Definitive Notes in exchange for temporary Notes. Until so exchanged, each the temporary Note will Notes shall in all respects be entitled to the same benefits under this Indenture as definitive NotesDefinitive Notes authenticated and delivered hereunder.
Appears in 1 contract
Samples: Indenture (Astor Corp)
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes.. Exhibit 4.1 Executed Version
Appears in 1 contract
Samples: Indenture (K2m Group Holdings, Inc.)
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary NotesNotes and as may be reasonably acceptable to the Trustee. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes.
Appears in 1 contract
Samples: Post Holdings, Inc.
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes..
Appears in 1 contract
Samples: Inotiv, Inc.
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes.. #92925316v9
Appears in 1 contract
Samples: Indenture (Bandwidth Inc.)
Temporary Notes. (a) Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, prepare and the Trustee will authenticateTrustee, upon receipt of a written order of the Company as set forth in each case in accordance with Section 2.02, shall authenticate temporary Notes. Temporary Notes will shall be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Without unreasonable delay, the Company will promptly prepare, issue, execute and deliver, shall prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, shall authenticate definitive Notes in exchange for temporary Notes. Until so exchanged, each the temporary Note will Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Notes.
Appears in 1 contract
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, prepare and the Trustee will authenticateshall, subject to Section 2.2 (in each the case in accordance with Section 2.02of original issuance), authenticate temporary NotesNotes upon a Company Order. Temporary Notes will shall be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Without unreasonable delay, the Company will promptly prepare, issue, execute and deliver, shall prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, upon request shall authenticate definitive Notes and date of maturity in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to securities shall have the same benefits rights under this Indenture as the definitive Notes.
Appears in 1 contract
Samples: Harrahs Operating Co Inc
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issueprepare, execute and deliverand, and upon written order of the Company, the Trustee will shall authenticate, in each case in accordance with Section 2.02, temporary Notes, in any authorized denominations. Temporary Notes will shall be substantially in of the form tenor of the definitive Notes in lieu of which they are issued but may have variations that the Company considers appropriate for temporary Notes. The Indenture and Security Agreement AA 2009-2 Secured Notes 26 Without unreasonable delay, the Company will promptly prepare, issue, execute and deliver, shall prepare and the Trustee will authenticate, in each case in accordance with Section 2.02, shall authenticate and deliver definitive Notes in exchange for temporary Notes. Until so exchanged, each the temporary Note will in all respects Notes shall be entitled to the same benefits under this Indenture as definitive Notes.
Appears in 1 contract
Samples: Indenture and Security Agreement (American Airlines Inc)
Temporary Notes. Until definitive Notes are ready for delivery, the Company may issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, temporary Notes. Temporary Notes will be substantially in the form of definitive Notes but may have variations that the Company considers appropriate for temporary Notes. The Company will promptly prepare, issue, execute and deliver, and the Trustee will authenticate, in each case in accordance with Section 2.02, definitive Notes in exchange for temporary Notes. Until so exchanged, each temporary Note will in all respects be entitled to the same benefits under this Indenture as definitive Notes.. Section 2.18
Appears in 1 contract
Samples: Mitek Systems Inc