Temporary Securities. Pending the preparation of definitive Securities of any series the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of such series (printed, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the Trustee. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 5 contracts
Samples: Indenture (Hotels.com GP, LLC), Expedia, Inc., Citizens Funding Trust IV
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute and register and upon Company Order the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of such series (printed, lithographed, or typewritten), mimeographed or otherwise produced). Temporary Securities shall be issuable in of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions insertions, and variations as may be appropriate for temporary Securities, all as may be determined by the officers executing such Securities as evidenced by their execution of such Securities; provided, however, that the Company with will use reasonable efforts to have definitive Securities of that series available at the concurrence times of the Trusteeany issuance of Securities under this Indenture. Every such temporary Security shall will be executed and registered by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the The Company will execute and deliver to the Trustee register and furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor at any of the offices office or agencies agency of the Company maintained as provided in Section 12.02 hereof the Place of Payment for such purposethat series, and the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal of such series one or more definitive Securities of the same series, of any authorized denominations, and of a like aggregate principal amount of definitive Securities of such seriesand tenor. Such exchange shall will be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer to the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoHolder therefor. Until so exchanged, the temporary Securities of any series shall in all respects will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 5 contracts
Samples: Indenture (MFN Financial Corp), Indenture (Mercury Finance Co), Indenture (Mercury Finance Co)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, definitive Securities in registered form without charge at each office or agency to be maintained for such purpose in accordance with Section 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that same series in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries, unless otherwise established pursuant to Section 2.3. Notwithstanding the foregoing The provisions of this Section 3.07, Global are subject to any restrictions or limitations on the issue and delivery of temporary Securities of any series that may remain in temporary form and, unless otherwise be established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 5 contracts
Samples: Indenture (Laclede Capital Trust I), Indenture (CMS Energy Corp), Indenture (CMS Energy Trust Ii)
Temporary Securities. Pending the preparation by the Issuer of definitive Securities of any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securitiessecurities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any the Corporate Trust Office of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purposeTrustee, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company Issuer at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company Issuer may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 5 contracts
Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Inc), Indenture (Idacorp Trust Iii)
Temporary Securities. Pending the preparation of definitive Securities of any series subclass, the Company Issuer may execute and the Trustee may authenticate and deliver temporary Securities of such subclass which are printed, lithographed, typewritten or otherwise produced, in any denomination, containing substantially the same terms and provisions as are set forth in the applicable exhibit hereto or in any indenture supplemental hereto, except for such appropriate insertions, omissions, substitutions and other variations relating to their temporary nature as the Director executing such temporary Securities may determine, as evidenced by his or her execution of such temporary Securities. If temporary Securities of any subclass are issued, the Issuer will cause Securities of such subclass to be prepared without unreasonable delay. After the preparation of Securities of such subclass, the temporary Securities shall be exchangeable for Securities upon surrender of such temporary Securities at the Corporate Trust Office of the Trustee, without charge to the Holder thereof. Upon surrender for cancellation of any one or more temporary Securities, the Issuer shall execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, temporary deliver in exchange therefor Securities of such series (printedlike subclass, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denominations and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the Trustee. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoamounts. Until so exchanged, the such temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 4 contracts
Samples: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 4 contracts
Samples: Indenture (Tyco International LTD /Ber/), Indenture (Tyco International Group S A), Indenture (Tyco International Group S A)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printedseries, lithographed, typewritten, mimeographed or otherwise producedhaving endorsed thereon Securities duly executed by the Issuer in form reasonably satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.03, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 4 contracts
Samples: Indenture (Nokia Corp), Indenture (Nokia Corp), Nokia Corp
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, lithographed, lithographed or typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in ) of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series, but with such omissionsomission, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence Company. Temporary Securities may be issued without a recital of the Trusteespecific redemption prices and may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company will execute and deliver to the Trustee will furnish definitive Securities of such each series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any the principal office of the offices or agencies of Company, and, subject to Section 2.05 hereof, the Company maintained as provided in Section 12.02 hereof for such purpose, shall execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture Indenture, and shall be subject to the same provisions hereof (except as provided in this Section), as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 4 contracts
Samples: Indenture (Kansas City Power & Light Co), Consolidated Edison Inc, Kansas City Power & Light Co
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute (with the Guaranty endorsed thereon executed by the Guarantor), and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced). Temporary Securities of any series shall be issuable as registered Securities without coupons, in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with Issuer and the concurrence Guarantor. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay delay, and in no case more than 60 days after the Company will issuance of such temporary Securities, the Issuer shall execute and deliver to the Trustee definitive Securities of such series and the Issuer shall furnish (with, in each case, the Guaranty endorsed thereon executed by the Guarantor) such definitive securities and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of the same series of authorized denominations having the same interest rate, maturity and redemption and repayment provisions, and bearing interest from the same date as such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotemporary Securities. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 4 contracts
Samples: Indenture (Ahold Finance Usa Inc), Royal Ahold, Ahold Finance Usa Inc
Temporary Securities. Pending the preparation by the Company of definitive Securities of any series series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and deliveredmake available for delivery in the manner provided in Section 3.3, temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securitiessecurities, all as may be determined by the Company with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any the Corporate Trust Office of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purposeTrustee, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 4 contracts
Samples: Quanta Capital Holdings LTD, Aspen Insurance Holdings LTD, MRH Capital Trust I
Temporary Securities. Pending the preparation by the Company of definitive Securities of any series series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securitiessecurities, all as may be determined by the Company with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any the Corporate Trust Office of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purposeTrustee, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 4 contracts
Samples: Indenture (Covanta Capital Trust Iii), Idaho Power Co, Idaho Power Co
Temporary Securities. Pending the preparation of definitive Securities of for any series Series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series Series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form reasonably acceptable to the Trustee). Temporary Securities shall of any Series may be issuable in issued as Registered Securities or Unregistered Securities with or without Coupons attached thereto, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such Series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series Series and thereupon any or all temporary Securities of such series Series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such Series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that same Series of authorized denominations and, in the case of Unregistered Securities, having attached thereto any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoappropriate Coupons. Until so exchanged, the temporary Securities of any series Series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global SecuritiesSeries.
Appears in 4 contracts
Samples: Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Emea Finance S.A R.L.), Indenture (Whirlpool Corp /De/)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 3 contracts
Samples: Senior Indenture (Orix Corp), Orix Corp, Orix Corp
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series series, having endorsed thereon Securities duly executed by the Issuer (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.03, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 3 contracts
Samples: Indenture (Smith & Nephew PLC), Smith & Nephew PLC, Astrazeneca PLC
Temporary Securities. Pending the preparation of definitive Securities of any series the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, printed or lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any the principal office of the offices Trustee or agencies of at any office or agency maintained by the Company maintained for such purpose as provided in Section 12.02 hereof for such purpose3.02, and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such seriesSecurities. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any a registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 3 contracts
Samples: Indenture (Masco Corp /De/), Masco Corp /De/, Masco Corp /De/
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose4.02, and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 3 contracts
Samples: Indenture (Leidos Holdings, Inc.), Leidos, Inc., Leidos Holdings, Inc.
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company Issuers may execute temporary Securities (printed, lithographed or typewritten) of any authorized denomination, and any Guarantor thereof, if applicable, shall execute the Guarantees thereon, and the Trustee Trustee, upon receipt of an Authentication Order, shall authenticate and deliver, or cause to be authenticated and delivered, deliver such Securities. Such temporary Securities of such series (printed, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeIssuers. Every such temporary Security of any series shall be executed by the Company Issuers, and, if applicable, with the form of Guarantee thereon executed by the Guarantor thereof, and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company Issuers will execute execute, and deliver to if applicable, the Trustee Guarantor thereof will endorse, and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefortherefor without charge to the holders, at any the office or agency of the offices or agencies Issuers maintained pursuant to Section 4.02 for the purpose of the Company maintained as provided in Section 12.02 hereof for exchanges of Securities of such purposeseries, and the Trustee Trustee, upon receipt of an Authentication Order, shall authenticate and deliver, such office or cause to be authenticated and delivered, agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall , unless the Issuers advise the Trustee to the effect that definitive Securities need not be made by executed and furnished until further notice from the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoIssuers. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits valid obligations under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global SecuritiesIndenture.
Appears in 3 contracts
Samples: Prime Security Services (ADT Inc.), Prime Security Services (ADT Inc.), Indenture (ADT Inc.)
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute and register, and upon Company Order the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of such series (printed, lithographed, or typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in ) of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions insertions, and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence officers of the TrusteeCompany executing such Securities as evidenced by their execution of such Securities; PROVIDED, HOWEVER, that the Company will use reasonable efforts to have definitive Securities of that series available at the times of any issuance of Securities under this Indenture. Every such temporary Security shall will be executed and registered by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the The Company will execute and deliver to the Trustee register and furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor at any of the offices office or agencies agency of the Company maintained as provided in Section 12.02 hereof the Place of Payment for such purposethat series, and the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series one or more definitive Securities of the same series, of any authorized denominations, and of a like aggregate principal amount of definitive Securities of such seriesand tenor. Such exchange shall will be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer to the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoHolder therefor. Until so exchanged, the temporary Securities of any series shall in all respects authenticated and delivered hereunder will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 3 contracts
Samples: Louisiana Pacific Corp, Louisiana Pacific Corp, Louisiana Pacific Corp
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 3 contracts
Samples: Becton Dickinson & Co, Cardinal Health Inc, Irvine Apartment Communities L P
Temporary Securities. Pending the preparation of definitive Securities of any series the Company may execute and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, printed or lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with Company. In the concurrence case of Securities of any series, such temporary Securities may be in global form, representing all of the Trusteeoutstanding Securities of such series and tenor. Every such temporary Security shall be executed by the Company and of a particular series shall be authenticated by the Trustee or on behalf of Trustee the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable delay delay, and except in the case of temporary Securities in global form which shall be exchanged in accordance with the provisions thereof, the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange thereforfor definitive Securities of the same series, at any the Principal Trust Office of the offices Trustee or agencies any office or agency of the Company maintained as provided in designated pursuant to Section 12.02 hereof 8.02 for such purposepurpose or at the office of any Security Co-Registrar, and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any a particular series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.ARTICLE THREE PROVISIONS FOR THE SERIES A NOTES
Appears in 3 contracts
Samples: Security and Pledge Agreement (Flag Telecom Holdings LTD), Security and Pledge Agreement (Flag Telecom Holdings LTD), Security and Pledge Agreement (Flag Telecom Holdings LTD)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form reasonably satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Registered Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose, 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 3 contracts
Samples: Indenture (Shapeways Holdings, Inc.), Indenture (Stem, Inc.), Indenture (PayPal Holdings, Inc.)
Temporary Securities. Pending Until certificates representing the preparation of definitive Securities of are ready for delivery the Company, and, if applicable, any series the Company applicable Guarantors, may prepare and execute and the Trustee shall Trustee, upon receipt of an Authentication Order, will authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series Series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall of any Series may be issuable issued in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such Series but with such omissions, insertions and variations as may be the Company considers appropriate for temporary Securities, all . Temporary Securities may contain such reference to any provisions of this Indenture as may be determined by the Company with the concurrence of the Trusteeappropriate. Every such temporary Security shall be executed by the Company Company, and, if applicable, any applicable Guarantors, and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Company, and, if applicable, any applicable Guarantors, shall execute and deliver to the Trustee shall furnish definitive Securities of such series Series and thereupon any or all temporary Securities of such series Series may be surrendered in exchange therefor, therefor without charge at any of the offices each office or agencies of agency to be maintained by the Company maintained as provided in Section 12.02 hereof for such purposethat purpose pursuant to Sections 2.05 and 4.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such Series a like aggregate principal amount of definitive Securities of such seriesthe same Series of authorized denominations. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case Holders of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects will be entitled to all of the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global SecuritiesIndenture.
Appears in 3 contracts
Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.)
Temporary Securities. Pending the preparation of definitive Securities of any series the Company may execute and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, printed or lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with Company. In the concurrence case of Securities of any series, such temporary Securities may be in global form, representing all of the Trusteeoutstanding Securities of such series and tenor. Every such temporary Security shall be executed by the Company and of a particular series shall be authenticated by the Trustee or on behalf of Trustee the Authenticating Agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable delay delay, and except in the case of temporary Securities in global form which shall be exchanged in accordance with the provisions thereof, the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange thereforfor definitive Securities of the same series, at any the principal corporate trust office of the offices Trustee or agencies any office or agency of the Company maintained as provided in designated pursuant to Section 12.02 hereof 5.02 for such purposepurpose or at the office of any Security Co-Registrar, and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any a particular series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.ARTICLE THREE
Appears in 3 contracts
Samples: Finova Group Inc, Finova Group Inc, Finova Group Inc
Temporary Securities. Pending the preparation of definitive permanent Securities of any series series, the Company Corporation may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities (printed or lithographed) of such series (printed, lithographed, typewritten, mimeographed or otherwise produced)series. Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive permanent Securities in lieu of which they are issued such series, but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurities of such series, all as may be determined by the Company with the concurrence of the TrusteeCorporation. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive permanent Securities in lieu of which they are issuedsuch series. Without unreasonable delay the Company Corporation will execute and deliver to the Trustee definitive permanent Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor at the Corporate Office of the Trustee or at any of agency to be maintained by the offices or agencies of the Company maintained Corporation for such purpose as provided in Section 12.02 hereof for such purpose5.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive permanent Securities of such series. Such exchange shall be made by the Company Corporation at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company Corporation may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under under, and be subject to the terms and conditions of, this Indenture as definitive permanent Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 3 contracts
Samples: Indenture (Baltimore Gas & Electric Co), Baltimore Gas and Electric Company (Atlantic City Electric Co), Consolidation, Merger and Sale (Baltimore Gas & Electric Co)
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute and register, and upon Company Order the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of such series (printed, lithographed, or typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in ) of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions insertions, and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence officers of the TrusteeCompany executing such Securities as evidenced by their execution of such Securities; provided, however, that the Company will use reasonable efforts to have definitive Securities of that series available at the times of any issuance of Securities under this Indenture. Every such temporary Security shall will be executed and registered by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the The Company will execute and deliver to the Trustee register and furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor at any of the offices office or agencies agency of the Company maintained as provided in Section 12.02 hereof the Place of Payment for such purposethat series, and the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series one or more definitive Securities of the same series, of any authorized denominations, and of a like aggregate principal amount of definitive Securities of such seriesand tenor. Such exchange shall will be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer to the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoHolder therefor. Until so exchanged, the temporary Securities of any series shall in all respects authenticated and delivered hereunder will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 3 contracts
Samples: Macy’ (Macy's Retail Holdings Inc), Indenture (Federated Retail Holdings Inc), Macy's, Inc.
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose, 3.3 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 3 contracts
Samples: Service Corporation International, Service Corporation International, Service Corporation International
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute execute, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced) (with the Guaranty endorsed thereon executed by the Guarantor). Temporary Securities of any series shall be issuable as registered Securities without coupons, in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with Issuer and the concurrence Guarantor. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee definitive Securities of such series and the Issuer shall furnish (with, in each case, the Guaranty endorsed thereon executed by the Guarantor) such definitive securities and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of the same series of authorized denominations having the same interest rate, maturity and redemption and repayment provisions, and bearing interest from the same date as such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotemporary Securities. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 3 contracts
Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD), Newmont Mining Corp /De/
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company and the Guarantor may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of such series (printed, printed or lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security shall be executed by the Company and shall the Guarantor and be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company and the Guarantor will execute and deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any the principal corporate trust office of the offices Trustee or agencies of at any office or agency maintained by the Company maintained for such purpose as provided in Section 12.02 hereof for such purpose3.02, and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such seriesSecurities. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any a registration of transfer the Company may require payment of a sum sufficient to cover any tax tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 3 contracts
Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Capital Ii), Indenture (Countrywide Capital Ii)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced)(with the Guaranty endorsed thereon executed by the Guarantor). Temporary Securities of any series shall be issuable as registered Securities without coupons, in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with Issuer and the concurrence Guarantor. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee definitive Securities of such series and the Issuer shall furnish (with, in each case, the Guaranty endorsed thereon executed by the Guarantor) such definitive securities and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of the same series of authorized denominations having the same interest rate, maturity and redemption and repayment provisions, and bearing interest from the same date as such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotemporary Securities. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 3 contracts
Samples: Newmont (Newmont Mining Corp /De/), Newmont (Newmont Mining Corp /De/), Newmont Usa LTD
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute temporary Securities (printed, lithographed or typewritten) of any authorized denomination, and Parent shall execute the Guarantees thereon, and the Trustee Trustee, upon receipt of an Authentication Order, shall authenticate and deliver, or cause to be authenticated and delivered, deliver such Securities. Such temporary Securities of such series (printed, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security of any series shall be executed by the Company Company, with the form of Guarantee thereon executed by Parent, and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company will execute execute, and deliver to the Trustee if applicable Parent will endorse, and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefortherefor without charge to the holders, at any of the offices office or agencies agency of the Company maintained as provided in pursuant to Section 12.02 hereof 4.02 for the purpose of exchanges of Securities of such purposeseries, and the Trustee Trustee, upon receipt of an Authentication Order, shall authenticate and deliver, such office or cause to be authenticated and delivered, agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by , unless the Company at its own expense advises the Trustee to the effect that definitive Securities need not be executed and without any charge therefor except that in case of any such exchange involving any registration of transfer furnished until further notice from the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoCompany. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits valid obligations under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global SecuritiesIndenture.
Appears in 3 contracts
Samples: Tyco International Finance S.A., Tyco International LTD /Ber/, Tyco International Finance S.A.
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute execute, the Guarantors shall endorse and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer, endorsed by the Guarantors and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 2 contracts
Samples: Indenture (Tyco International LTD /Ber/), Tyco International LTD /Ber/
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence Issuer. Temporary Securities may contain such reference to any provisions of the TrusteeIndenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this the Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 2 contracts
Samples: Workday, Inc., Illumina, Inc.
Temporary Securities. Pending the preparation of definitive Securities of Se- curities for any series series, the Company Issuer may execute and the Trustee shall authenticate authen- ticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographedlitho- graphed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfac- tory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without Coupons, or as Unregistered Securities with or without Coupons attached thereto, of any authorized denomination denomination, and substantially substan- tially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecu- rities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially substan- tially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee definitive shall furnish defini- tive Securities of such series and thereupon any or all temporary Registered Securities of such series may be surrendered in exchange therefortherefor without charge at each office or agency to be maintained by the Issuer for that purpose pursuant to Section 3.2 and, in the case of Unregistered Securities, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.agency 24
Appears in 2 contracts
Samples: Indenture (New Tenneco Inc), New Tenneco Inc
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute temporary Securities (printed, lithographed or typewritten) of any authorized denomination, and Parent shall execute the Guarantees thereon, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver such Securities. Such temporary Securities of such series (printed, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security of any series shall be executed by the Company Company, with the form of Guarantee thereon executed by Parent, and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company will execute execute, and deliver to the Trustee if applicable Parent will endorse, and will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefortherefor without charge to the holders, at any of the offices office or agencies agency of the Company maintained as provided in pursuant to Section 12.02 hereof 4.02 for the purpose of exchanges of Securities of such purposeseries, and the Trustee shall authenticate and deliver, such office or cause to be authenticated and delivered, agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by , unless the Company at its own expense advises the Trustee to the effect that definitive Securities need not be executed and without any charge therefor except that in case of any such exchange involving any registration of transfer furnished until further notice from the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoCompany. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Covidien Ltd., Tyco Electronics Ltd.
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute temporary Securities (printed, lithographed or typewritten) of any authorized denomination and the Guarantor may execute the Guarantee endorsed thereon and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver such Securities. Such temporary Securities of such series (printed, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security of any series shall be executed by the Company and the Guarantee endorsed thereon shall be executed by the Guarantor and such Security shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company will execute and deliver to the Trustee will furnish definitive Securities of such series and the Guarantor will execute the Guarantee endorsed thereon and thereupon any or all temporary Securities of such series may be surrendered in exchange therefortherefor without charge to the holders, at any of the offices office or agencies agency of the Company maintained as provided in pursuant to Section 12.02 hereof 4.02 for the purpose of exchanges of Securities of such purposeseries, and the Trustee shall authenticate and deliver, such office or cause to be authenticated and delivered, agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by , unless the Company at its own expense advises the Trustee to the effect that definitive Securities need not be executed and without any charge therefor except that in case of any such exchange involving any registration of transfer furnished until further notice from the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoCompany. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Thermo Fisher Scientific Inc., Thermo Fisher Scientific (Finance I) B.V.
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute, the Guarantor may execute its Guarantee to be noted or endorsed on, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced). Temporary Securities of any series shall be issuable as registered Securities without coupons, in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence Issuer. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will Issuer shall execute and deliver shall furnish, and the Guarantor shall execute its Guarantee to the Trustee be noted or endorsed on, definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of the same series of authorized denominations having the same interest rate, maturity and redemption and repayment provisions, and bearing interest, if any, from the same date as such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotemporary Securities. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Indenture (Textron Financial Canada Funding Corp), Textron Financial Canada Funding Corp
Temporary Securities. Pending Until definitive Securities of a Series are prepared, the preparation Issuer may (and, if the Authorization so requires, the Issuer shall) execute, and there shall be authenticated and delivered in accordance with the provisions of Section 3 (in lieu of definitive Securities of any series the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and deliveredsuch Series), temporary bearer Securities of such series (printedSeries. Such temporary bearer Securities may be in global form; provided, lithographed, typewritten, mimeographed or otherwise producedthat any such temporary bearer Security in global form shall be delivered in compliance with the conditions set forth in Section 1(e). Temporary Such temporary bearer Securities of a Series shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the Trustee. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of Trustee upon subject to the same limitations and conditions and in substantially entitled to the same manner, rights and with the same effect, benefits as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any Series, except as provided herein or all in the Authorization thereof. Unless otherwise provided herein or therein, temporary bearer Securities of a Series shall be exchangeable for definitive Securities of such series may be surrendered in Series when such definitive Securities are available for delivery; and upon the surrender for exchange thereforof temporary bearer Securities of a Series that are so exchangeable, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, Issuer shall execute and the Trustee there shall authenticate and deliver, or cause to be authenticated and delivered, in accordance with the provisions of Sections 5 and 6 and in exchange for such temporary Securities an equal bearer Securities, a like aggregate principal amount of definitive Securities (provided that such Securities have not been previously redeemed) of such seriesSeries. Such exchange All temporary bearer Securities shall be made by identified as such and shall describe the Company at its own expense right of the holder thereof to effect an exchange for definitive Securities and without any charge therefor except that the manner in case of any which such an exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitieseffected.
Appears in 2 contracts
Samples: Fiscal Agency Agreement (Asian Infrastructure Investment Bank), Fiscal Agency Agreement (Asian Infrastructure Investment Bank)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the reasonable concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Perpetual Subordinated Indenture as may be appropriate. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will shall execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of the offices each office or agencies of agency to be maintained by the Company maintained as provided in for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Perpetual Subordinated Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 2 contracts
Samples: Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj Financial (Mitsubishi Ufj Financial Group Inc)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee, which may be in the form of a global Security). Temporary Securities of any series shall be issuable in without coupons, of any authorized denomination and denomination, and, subject to the preceding sentence, substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 2 contracts
Samples: Patriot Coal CORP, Patriot Coal CORP
Temporary Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and the Trustee shall shall, upon receipt of a Company Order requesting the Trustee's authentication thereof, authenticate and deliver, or cause to be authenticated and delivered, temporary Debt Securities of such series (printed, lithographed, lithographed or typewritten, mimeographed or otherwise produced)) of any authorized denomination. Temporary Such 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 issued, but with such omissions, insertions and variations as may be appropriate for temporary Debt Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Debt Security of any series shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Debt Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company will execute and deliver to the Trustee will furnish definitive Debt Securities of such series and thereupon any or all temporary Debt Securities of such series may be surrendered in exchange therefortherefor (without charge to the holders), at any of the offices office or agencies agency of the Company maintained as provided in Section 12.02 hereof designated for such purposepurpose in Philadelphia, Pennsylvania, and the Trustee shall shall, upon receipt of a Company Order requesting the Trustee's authentication thereof, authenticate and deliver, such office or cause to be authenticated and delivered, agency shall deliver in exchange for such temporary Debt Securities an equal aggregate principal amount of definitive Debt Securities of such series. Such exchange shall be made by , unless the Company at its own expense advises the Trustee to the effect that definitive Debt Securities need not be executed and without any charge therefor except that in case of any such exchange involving any registration of transfer furnished until further notice from the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoCompany. Until so 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 such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Indenture (Exelon Corp), Exelon Corp
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute execute, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay delay, the Company will Issuer shall execute and deliver to the Trustee furnish definitive Securities of such series series, and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 2 contracts
Samples: Indenture (Sumitomo Mitsui Financial Group, Inc.), Sumitomo Mitsui Financial Group, Inc.
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of the Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Section 12.02 hereof Issuer for such purposethat purpose pursuant to Section 3.02, and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this the Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 2 contracts
Samples: Indenture (Trinet Group, Inc.), Indenture (Trinet Group Inc)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, definitive Securities in registered form without charge at each office or agency to be maintained for such purpose in accordance with Section 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that same series in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries, unless otherwise established pursuant to Section 2.3. Notwithstanding the foregoing The provisions of this Section 3.07, Global are subject to any restrictions or limitations on the issue and delivery of temporary Securities of any series that may remain in temporary form and, unless otherwise be established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 2 contracts
Samples: Consumers Power Co Financing I, Consumers Power Co Financing I
Temporary Securities. Pending the preparation of definitive permanent Securities of any series series, the Company Corporation may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities (printed or lithographed) of such series (printed, lithographed, typewritten, mimeographed or otherwise produced)series. Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive permanent Securities in lieu of which they are issued such series, but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurities of such series, all as may be determined by the Company with the concurrence of the TrusteeCorporation. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive permanent Securities in lieu of which they are issuedsuch series. Without unreasonable delay the Company Corporation will execute and deliver to the Trustee definitive permanent Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor at the Principal Office of the Trustee or at any of agency to be maintained by the offices or agencies of the Company maintained Corporation for such purpose as provided in Section 12.02 hereof for such purpose5.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive permanent Securities of such series. Such exchange shall be made by the Company Corporation at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company Corporation may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under under, and be subject to the terms and conditions of, this Indenture as definitive permanent Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Indenture (Constellation Energy Group Inc), Constellation Energy Corp
Temporary Securities. Pending the preparation of definitive Securities of any series the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, lithographed, lithographed or typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay delay, the Company will shall execute and deliver to the Trustee definitive Securities of such series series, and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at the option of the holders thereof, either at the office or agency to be designated and maintained by the Company for such purpose in Denver, Colorado or the Borough of Manhattan, The City of New York, in accordance with the provisions of Section 4.2 or at any of the such other offices or agencies of as may be designated and maintained by the Company maintained as provided in Section 12.02 hereof for such purposepurpose in accordance with the provisions of Section 4.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotherefor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Temporary Securities. Pending the preparation of definitive Securities of for any series Series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of for such series (Series, which may be printed, lithographed, typewritten, mimeographed typewritten or otherwise produced)reproduced, in each case in form reasonably acceptable to the Trustee. Temporary Securities shall of any Series may be issuable issued in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued such Series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the reasonable concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will shall execute and deliver to the Trustee shall furnish definitive Securities securities of such series Series and thereupon any or all temporary Securities of such series Series may be surrendered in exchange therefor, therefor without charge at any of the offices each office or agencies of agency to be maintained by the Company maintained as provided in for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal of such Series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same Series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series Series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global SecuritiesSeries.
Appears in 2 contracts
Samples: Indenture (Fluor Corp), Indenture (Fluor Corp)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series series, having endorsed thereon Securities duly executed by the Issuer (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay delay, the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.03, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 2 contracts
Samples: Indenture (Astrazeneca PLC), Astrazeneca PLC
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Securities, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurities of such series, all as may be determined by the Company with Issuer as evidenced by the concurrence execution and authentication thereof. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 2 contracts
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute execute, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Perpetual Subordinated Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay delay, the Company will Issuer shall execute and deliver to the Trustee furnish definitive Securities of such series series, and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Perpetual Subordinated Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 2 contracts
Samples: Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Financial Group, Inc.
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute and register and upon Company Order the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of such series (printed, lithographed, or typewritten), mimeographed or otherwise produced). Temporary Securities shall be issuable in of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions insertions, and variations as may be appropriate for temporary Securities, all as may be determined by the officers executing such Securities as evidenced by their execution of such Securities; PROVIDED, HOWEVER, that the Company with will use reasonable efforts to have definitive Securities of that series available at the concurrence times of the Trusteeany issuance of Securities under this Indenture. Every such temporary Security shall will be executed and registered by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the The Company will execute and deliver to the Trustee register and furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor at any of the offices office or agencies agency of the Company maintained as provided in Section 12.02 hereof the Place of Payment for such purposethat series, and the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal of such series one or more definitive Securities of the same series, of any authorized denominations, and of a like aggregate principal amount of definitive Securities of such seriesand tenor. Such exchange shall will be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer to the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoHolder therefor. Until so exchanged, the temporary Securities of any series shall in all respects will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Indenture (Mercury Finance Co), Indenture (Mercury Finance Co)
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company Corporation may execute and the Debt Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, printed or lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCorporation. Every such temporary Security shall be executed by the Company Corporation and shall be authenticated by or on behalf of the Debt Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company Corporation will execute and deliver to the Debt Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any the Principal Office of the offices Debt Trustee or agencies of at any office or agency maintained by the Company maintained Corporation for such purpose as provided in Section 12.02 hereof for such purpose3.2, and the Debt Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such seriesSecurities. Such exchange shall be made by the Company Corporation at its own expense and without any charge therefor except that in case of any such exchange involving any a registration of transfer the Company Corporation may require payment of a sum sufficient to cover any tax tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Indenture (General Motors Corp), Indenture (General Motors Capital Trust D)
Temporary Securities. Pending the preparation of definitive Securities of for any series the Company series, Casella may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Casella with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Casella and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Casella shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of the offices each office or agencies of the Company agency to be maintained as provided in by Casella for that purpose pursuant to Section 12.02 hereof for such purpose, 4.02 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by the benefits of the temporary Securities are limited pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 2 contracts
Samples: Indenture (Total Waste Management Corp.), Indenture (Total Waste Management Corp.)
Temporary Securities. Pending the preparation by the Company of definitive Securities of any series series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and deliveredmake available for delivery in the manner provided in Section 3.3, temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securitiessecurities, all as may be determined by the Company with the concurrence Company. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any the Corporate Trust Office of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purposeTrustee, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer therefore to the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoHolders. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Indenture (National Grid PLC), Indenture (National Grid PLC)
Temporary Securities. Pending the preparation by the Company of definitive Securities of any series series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and deliveredmake available for delivery in the manner provided in Section 3.3, temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued and having endorsed thereon Guarantees executed by the Guarantor substantially in the form of the definitive Guarantees, but with such omissions, insertions and variations as may be appropriate for temporary Securitiessecurities, all as may be determined by the Company with the concurrence of the Trustee. Temporary Securities and Guarantees may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any the Corporate Trust Office of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purposeTrustee, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuers may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuers with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuers and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuers shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuers for that purpose pursuant to Section 12.02 hereof for such purpose, 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 2 contracts
Samples: Senior Indenture (Triton Energy LTD), Triton Energy Corp
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute execute, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Subordinated Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay delay, the Company will Issuer shall execute and deliver to the Trustee furnish definitive Securities of such series series, and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Subordinated Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 2 contracts
Samples: Indenture (Sumitomo Mitsui Financial Group, Inc.), Sumitomo Mitsui Financial Group, Inc.
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal Principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 2 contracts
Samples: Indenture (Loop Media, Inc.), Formfactor Inc
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and and, upon the written request signed by two officers of the Issuer, the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Securities, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurities of such series, all as may be determined by the Company with Issuer as evidenced by the concurrence execution thereof. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of Issuer for the Company maintained as provided in purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as would be definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 2 contracts
Samples: Science Applications International Corp, Science Applications International Corp
Temporary Securities. Pending the preparation of definitive Securities of any series the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, printed or lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any the principal office of the offices Trustee or agencies of at any office or agency maintained by the Company maintained for such purpose as provided in Section 12.02 hereof for such purpose3.02, and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such seriesSecurities. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any a registration of transfer the Company may require payment of a sum sufficient to cover any tax tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 2 contracts
Samples: Indenture (Phillips Petroleum Co), Chevron Phillips Chemical Co LLC
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced). Temporary Securities of any series shall be issuable as registered Securities without coupons, in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence Issuer. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of the same series of authorized denominations having the same interest rate, maturity and redemption and repayment provisions, and bearing interest, if any, from the same date as such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotemporary Securities. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Textron Financial Corp
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons, or as Unregistered Securities with or without coupons attached thereto, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication, and, in the case of Temporary Securities issued in NGN form or issued under the NSS, effectuation thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Temporary Security shall be executed by the Company and shall Issuer, be authenticated by the Trustee and, in the case of Temporary Securities issued in NGN form or on behalf of issued under the NSS, the Trustee shall instruct, or shall cause a paying agent to instruct, the CSK to effectuate such Temporary Security, upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Registered Securities of such series may be surrendered in exchange therefortherefor without charge at each office or agency to be maintained by the Issuer for that purpose pursuant to Section 3.02 and, in the case of Unregistered Securities, at any of agency maintained by the offices or agencies of the Company maintained as provided in Section 12.02 hereof Issuer for such purpose, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture purpose as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.specified pursuant to
Appears in 1 contract
Samples: Senior Indenture (Morgan Stanley Capital Trust XII)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the Holder of temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as a Holder of definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 1 contract
Samples: GasLog Partners LP
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of the Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.03, and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this the Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 1 contract
Samples: Everett SpinCo, Inc.
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Securities without coupons, of any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Section 12.02 hereof Issuer for such purpose, that purpose pursuant to Section 3.02 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiespursuant to Section 2.03.
Appears in 1 contract
Samples: Bbva Compass Bancshares, Inc
Temporary Securities. Pending the preparation of definitive Securities of any series the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, lithographed, lithographed or typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay delay, the Company will shall execute and deliver to the Trustee definitive Securities of such series series, and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at the option of the holders thereof, either at the office or agency to be designated and maintained by the Company for such purpose in the Borough of Manhattan, The City of New York, in accordance with the provisions of Section 4.02 or at any of the such other offices or agencies of as may be designated and maintained by the Company maintained as provided in Section 12.02 hereof for such purposepurpose in accordance with the provisions of Section 4.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such the same series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotherefor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Indenture (WPX Energy, Inc.)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary 18 25 Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose, 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 1 contract
Samples: Ocean Energy Inc /La/
Temporary Securities. Pending the preparation of definitive -------------------- Securities of any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities of such series without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurities of such series, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities of such series may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security of any series shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such any series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of Issuer for the Company maintained as provided in purpose pursuant to Section 12.02 hereof for such purpose3.2 hereof, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of any series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 1 contract
Samples: Amerenenergy Generating Co
Temporary Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, temporary Debt Securities of such series (printed, lithographed, lithographed or typewritten, mimeographed or otherwise produced)) of any authorized denomination. Temporary Such 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 issued, but with such omissions, insertions and variations as may be appropriate for temporary Debt Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Debt Security of any series shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Debt Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company will execute and deliver to the Trustee furnish definitive Debt Securities of such series and thereupon any or all temporary Debt Securities of such series may be surrendered in exchange therefortherefor (without charge to the holders), at any of the offices Corporate Trust Office or agencies of such location designated by the Company maintained as provided in pursuant to Section 12.02 hereof for 4.02 and such purpose, and the Trustee Corporate Trust Office or location shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Debt Securities an equal aggregate principal amount of definitive Debt Securities of such series. Such exchange shall be made by , unless the Company at its own expense advises the Trustee to the effect that definitive Debt Securities need not be executed and without any charge therefor except that in case of any such exchange involving any registration of transfer furnished until further notice from the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoCompany. Until so 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 such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global SecuritiesSECTION 2.07.
Appears in 1 contract
Samples: Illinova Corp
Temporary Securities. Pending the preparation of definitive permanent Securities of any series series, the Company Corporation may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities (printed or lithographed) of such series (printed, lithographed, typewritten, mimeographed or otherwise produced)series. Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive permanent Securities in lieu of which they are issued such series, but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurities of such series, all as may be determined by the Company with the concurrence of the TrusteeCorporation. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive permanent Securities in lieu of which they are issuedsuch series. Without unreasonable delay the Company Corporation will execute and deliver to the Trustee definitive permanent Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefore at the Corporate Office of the Trustee or at any of agency to be maintained by the offices or agencies of the Company maintained Corporation for such purpose as provided in Section 12.02 hereof for such purpose5.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive permanent Securities of such series. Such exchange shall be made by the Company Corporation at its own expense and without any charge therefor therefore except that in case of any such exchange involving any registration of transfer the Company Corporation may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under under, and be subject to the terms and conditions of, this Indenture as definitive permanent Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Baltimore Gas & Electric Co
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Registered Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose, 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 1 contract
Samples: Exelon Corp
Temporary Securities. Pending the preparation of definitive Securities of any series in certificated form, the Company Issuer may execute and the Trustee shall or an authenticating agent appointed by the Trustee shall, upon the written request of the Issuer, authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities (printed or lithographed) of such series (printed, lithographed, typewritten, mimeographed or otherwise produced)any authorized denomination. Temporary Such temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued certificated form, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeIssuer. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by the Trustee or on behalf of Trustee such authenticating agent upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedcertificated form. Without unreasonable delay delay, the Company Issuer will execute and deliver to the Trustee definitive or such authenticating agent, such Securities of such series in certificated form and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of each office or agency maintained by the offices or agencies of the Company maintained as provided in Issuer pursuant to Section 12.02 4.02 hereof for such purpose, and the Trustee or such authenticating agent shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such seriesin certificated form. Such exchange shall be made by the Company Issuer at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotherefor. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits and subject to the same limitations under this Indenture as definitive amended by any supplemental indenture as Securities of such series in certificated form authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the reasonable concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Fixed-Term Subordinated Indenture as may be appropriate. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will shall execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of the offices each office or agencies of agency to be maintained by the Company maintained as provided in for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Fixed-Term Subordinated Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.03.
Appears in 1 contract
Samples: Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose, 3.3 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.this
Appears in 1 contract
Samples: Service Corporation International
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of the offices office or agencies of agency to be maintained by the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 1 contract
Samples: J P Morgan Chase & Co
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be be. surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose, 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 1 contract
Temporary Securities. Pending the preparation of definitive -------------------- Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 1 contract
Samples: Vishay Intertechnology Inc
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunderseries. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.ARTICLE THREE
Appears in 1 contract
Samples: Crane Co /De/
Temporary Securities. Pending the preparation of Until definitive Securities of any series a Series are prepared, Mexico may (and, if the Company may execute Authorization for such Series so requires, Mexico shall) execute, and the Trustee in such event there shall authenticate and deliver, or cause to be authenticated and delivered, in accordance with the provisions of Section 3 of this Agreement temporary Securities of such series (printedSeries. Such temporary Securities may be in global form; provided, lithographedhowever, typewritten, mimeographed or otherwise produced). Temporary Securities that any temporary Security in global form shall be issuable in any authorized denomination and substantially registered form unless delivered in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company compliance with the concurrence conditions set forth in Section 1(e) hereof. Such temporary Securities of the Trustee. Every such temporary Security a Series shall be executed by the Company and shall be authenticated by or on behalf of Trustee upon subject to the same limitations and conditions and in substantially entitled to the same manner, rights and with the same effect, benefits as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any Series, except as provided herein or all therein. Unless otherwise provided herein or therein, temporary Securities of a Series shall be exchangeable for definitive Securities of such series may be surrendered in Series when such definitive Securities are available for delivery; and upon the surrender for exchange thereforof temporary Securities of a Series which are so exchangeable, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purposeMexico shall execute, and the Trustee there shall authenticate and deliver, or cause to be authenticated and delivered, in accordance with the provisions of Sections 5 and 6 of this Agreement, in exchange for such temporary Securities an equal of a Series, a like aggregate principal amount of definitive Securities of such seriesSeries of like tenor. Such Mexico shall pay all charges, including (without limitation) stamp and other taxes and governmental charges, incident to any exchange of temporary Securities for definitive Securities. All temporary Securities shall be made by identified as such and shall describe the Company at its own expense right of the holder thereof to effect an exchange for definitive Securities and without any charge therefor except that the manner in case of any which such an exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitieseffected.
Appears in 1 contract
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Securities, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurities of such series, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 1 contract
Samples: Indenture (Unisys Corp)
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute and register, and upon Company Order the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of such series (printed, lithographed, or typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in ) of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions insertions, and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence officers of the TrusteeCompany executing such Securities as evidenced by their execution of such Securities; provided, however, that the Company will use -------- ------- reasonable efforts to have definitive Securities of that series available at the times of any issuance of Securities under this Indenture. Every such temporary Security shall will be executed and registered by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the The Company will execute and deliver to the Trustee register and furnish definitive Securities of such series as soon as practicable and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor at any of the offices office or agencies agency of the Company maintained as provided in Section 12.02 hereof the Place of Payment for such purposethat series, and the Trustee shall will authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series one or more definitive Securities of the same series, of any authorized denominations, and of a like aggregate principal amount of definitive Securities of such seriesand tenor. Such exchange shall will be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer to the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoHolder therefor. Until so exchanged, the temporary Securities of any series shall in all respects authenticated and delivered hereunder will be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Portal Software Inc
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of the Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this the Indenture as definitive Securities of such series authenticated and delivered hereunderseries. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.15
Appears in 1 contract
Samples: Comcast Corp
Temporary Securities. Pending the preparation of Until definitive Securities of any series with Guarantees endorsed thereon are prepared, the Company Issuer may execute execute, and the Trustee there shall authenticate and deliver, or cause to be authenticated and delivereddelivered in accordance with the provisions of Section 3 hereof (in lieu of definitive printed Securities), temporary Securities of such series (printedhaving Guarantees endorsed thereon. Such temporary Securities may be in registered global form. Such temporary Securities shall be subject to the same limitations and conditions and entitled to the same rights and benefits as definitive Securities with Guarantees endorsed thereon, lithographed, typewritten, mimeographed except as provided herein or otherwise produced)therein. Temporary Securities having Guarantees endorsed thereon shall be issuable in any authorized denomination and substantially in the form of the exchangeable for definitive Securities in lieu with Guarantees endorsed thereon when such definitive Securities are available for delivery; and upon the surrender for exchange of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with Issuer and the concurrence of the Trustee. Every such temporary Security Guarantor shall be executed by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, and the Trustee there shall authenticate and deliver, or cause to be authenticated and delivered, in accordance with the provisions of Sections 5 and 6 hereof, in exchange for such temporary Securities an equal Securities, a like aggregate principal amount of definitive Securities of such serieslike tenor. Such The Issuer shall pay all charges, including (without limitation) stamp and other taxes and governmental charges, incident to any exchange of temporary Securities for definitive Securities. All temporary Securities shall be made by identified as such and shall describe the Company at its own expense right of the holder thereof to effect an exchange for definitive Securities and without any charge therefor except that the manner in case of any which such an exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitieseffected.
Appears in 1 contract
Samples: Fiscal Agency Agreement (Midamerican Energy Holdings Co /New/)
Temporary Securities. Pending the preparation of definitive Debt Securities of any series series, the Company may execute execute, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, temporary Debt Securities of such series (printed, lithographed, lithographed or typewritten, mimeographed or otherwise produced)) of any authorized denomination. Temporary Such 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 issued, but with such omissions, insertions and variations as may be appropriate for temporary Debt Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Debt Security of any series shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Debt Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company will execute and deliver to the Trustee furnish definitive Debt Securities of such series and thereupon any or all temporary Debt Securities of such series may be surrendered in exchange therefortherefor (without charge to the holders), at any of the offices Corporate Trust Office or agencies of such location designated by the Company maintained as provided in pursuant to Section 12.02 hereof for 4.02 and such purpose, and the Trustee Corporate Trust Office or location shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Debt Securities an equal aggregate principal amount of definitive Debt Securities of such series. Such exchange shall be made by , unless the Company at its own expense advises the Trustee to the effect that definitive Debt Securities need not be executed and without any charge therefor except that in case of any such exchange involving any registration of transfer furnished until further notice from the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoCompany. Until so 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 such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Illinois Power Co
Temporary Securities. Pending the preparation of Until definitive Securities of a Series are prepared, the Issuer may (and, if the Authorization so requires, the Issuer shall) execute, and there shall be authenticated and delivered in accordance with the provisions of Section 3 hereof (in lieu of definitive printed Securities of such Series), temporary Securities of such Series. Such temporary Securities may be in global form; provided, however, that any series temporary Security in global form shall be in registered form unless delivered in compliance with the Company may conditions set forth in Sections 1(e) and 1(f) hereof. Such temporary Securities of a Series shall be subject to the same limitations and conditions and entitled to the same rights and benefits as definitive Securities of such Series, except as provided herein or therein. Unless otherwise provided herein or therein, temporary Securities of a Series shall be exchangeable for definitive Securities of such Series when such definitive Securities are available for delivery; and upon the surrender for exchange of temporary Securities of a Series which are so exchangeable, the Issuer shall execute and the Trustee there shall authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of such series (printed, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company accordance with the concurrence provisions of the Trustee. Every such temporary Security shall be executed by the Company Sections 5 and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered6 hereof, in exchange for such temporary Securities an equal of a Series, a like aggregate principal amount of definitive Securities (provided that such Securities have not been previously redeemed) of such seriesSeries of like tenor. Such The Issuer shall pay all charges, including stamp and other taxes and governmental charges, incident to any exchange of temporary Securities for definitive Securities. All temporary Securities shall be made by identified as such and shall describe the Company at its own expense right of the holder thereof to effect an exchange for definitive Securities and without any charge therefor except that the manner in case of any which such an exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitieseffected.
Appears in 1 contract
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced). Temporary Securities of any series shall be issuable as registered Securities without coupons, in any authorized denomination denomination, and substantially in the form of the definitive Securities of such series in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence Issuer. Temporary Securities may contain such reference to any provisions of the Trusteethis Indenture as may be appropriate. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay delay, and in no case more than 60 days after the Company will issuance of such temporary Securities, the Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of the same series of authorized denominations having the same interest rate, maturity and redemption and repayment provisions, and bearing interest from the same date as such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretotemporary Securities. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Indenture (Ahold Finance Usa Inc)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee Trustee, upon receipt of an Issuer's Order, shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall shall, upon receipt of an Issuer's Order, authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 1 contract
Samples: Lightning eMotors, Inc.
Temporary Securities. Pending the preparation of definitive Securities of any series the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, printed or lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any the principal office of the offices Trustee or agencies of at any office or agency maintained by the Company maintained for such purpose as provided in Section 12.02 hereof for such purpose5.02, and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such seriesSecurities. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any a registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Masco Corp /De/
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form reasonably satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 1 contract
Samples: Indenture (Murphy Oil Corp /De)
Temporary Securities. Pending the preparation of Until definitive Securities of a Series are prepared, the Issuer may (and, if an Authorization so requires, the Issuer shall) execute, and there shall be authenticated and delivered in accordance with the provisions of Section 3 hereof (in lieu of definitive printed Securities of such Series), temporary Securities of such Series. Such temporary Securities may be in global form; provided, however, that any series temporary Security in global form shall be in registered form unless delivered in compliance with the Company may conditions set forth in Section 1(e) hereof. Such temporary Securities of a Series shall be subject to the same limita tions and conditions and entitled to the same rights and benefits as definitive Securities of such Series, except as provided herein or therein. Unless otherwise provided herein or therein, temporary Securities of a Series shall be exchangeable for definitive Securities of such Series when such definitive Securities are available for delivery; and upon the surrender for exchange of temporary Securities of a Series which are so exchangeable, the Issuer shall execute and the Trustee there shall authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of such series (printed, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company accordance with the concurrence provisions of the Trustee. Every such temporary Security shall be executed by the Company Sections 5 and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered6 hereof, in exchange for such temporary Securities an equal of a Series, a like aggregate principal amount of definitive Securities (provided that such Securities have not been previously redeemed) of such seriesSeries of like tenor. Such The Issuer shall pay all charges, including (without limitation) stamp and other taxes and governmental charges, incident to any exchange of temporary Securities for definitive Securities. All temporary Securities shall be made by identified as such and shall describe the Company at its own expense right of the holder thereof to effect an exchange for definitive Securities and without any charge therefor except that the manner in case of any which such an exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitieseffected.
Appears in 1 contract
Samples: Fiscal Agency Agreement (Bolivarian Republic of Venezuela)
Temporary Securities. Pending the preparation of Until definitive Securities of a Series are prepared, the Issuer may (and, if the Authorization so requires, the Issuer shall) execute, and there shall be authenticated and delivered in accordance with the provisions of Section 3 hereof (in lieu of definitive printed Securities of such Series), temporary Securities of such Series. Such temporary Securities may be in global form; provided, however, that any series temporary Security in global form shall be in registered form unless delivered in compliance with the Company may conditions set forth in Section 1(e) hereof. Such temporary Securities of a Series shall be subject to the same limitations and conditions and entitled to the same rights and benefits as definitive Securities of such Series, except as provided herein or therein. Unless otherwise provided herein or therein, temporary Securities of a Series shall be exchangeable for definitive Securities of such Series when such definitive Securities are available for delivery; and upon the surrender for exchange of temporary Securities of a Series which are so exchangeable, the Issuer shall execute and the Trustee there shall authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of such series (printed, lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company accordance with the concurrence provisions of the Trustee. Every such temporary Security shall be executed by the Company Sections 5 and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issued. Without unreasonable delay the Company will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any of the offices or agencies of the Company maintained as provided in Section 12.02 hereof for such purpose, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered6 hereof, in exchange for such temporary Securities an equal of a Series, a like aggregate principal amount of definitive Securities (provided that such Securities have not been previously redeemed) of such seriesSeries of like tenor. Such The Issuer shall pay all charges, including (without limitation) stamp and other taxes and governmental charges, incident to any exchange of temporary Securities for definitive Securities. All temporary Securities shall be made by identified as such and shall describe the Company at its own expense right of the holder thereof to effect an exchange for definitive Securities and without any charge therefor except that the manner in case of any which such an exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitieseffected.
Appears in 1 contract
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as Securities without coupons of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. In the case of Securities of any series, such temporary Securities may be in global form. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefore without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose, 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretosame series having authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 1 contract
Samples: Transcanada Pipelines LTD
Temporary Securities. Pending Subject to Section 2.03, pending the preparation of definitive Securities of any series the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of such series (printedtyped, printed or lithographed, typewritten, mimeographed or otherwise produced). Temporary Securities shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeCompany. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will execute and deliver to the Trustee or the Authenticating Agent definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, at any the principal corporate trust office of the offices Trustee or agencies of at any office or agency maintained by the Company maintained for such purpose as provided in Section 12.02 hereof for such purpose3.02, and the Trustee or the Authenticating Agent shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal a like aggregate principal amount of such definitive Securities of such seriesSecurities. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any a registration of transfer the Company may require payment of a sum sufficient to cover any tax tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Interpool Inc
Temporary Securities. Pending the preparation of definitive Securities of any series Securities, the Company Issuer may execute and and, pursuant to a written order of the Issuer in accordance with Section 2.1, the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of Issuer for the Company maintained as provided in purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, exchanged the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities. The Issuer will promptly make available to the Trustee a reasonable supply of certificated Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07in definitive, Global Securities may remain in temporary fully registered form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitieswithout interest coupons.
Appears in 1 contract
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery temporary Securities of such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable in as registered Securities of such series without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable delay the Company will shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of the offices each office or agencies of agency to be maintained by the Company maintained as provided in for the purpose pursuant to Section 12.02 hereof for such purpose4.05, and upon delivery to the Trustee of all documents and certificates as required by this Indenture, the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, make available for delivery in exchange for such temporary Securities an equal a like aggregate principal amount Principal Amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, exchanged the temporary Securities of any such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 1 contract
Samples: Best Buy Co Inc
Temporary Securities. Pending the preparation of definitive Securities of any series Securities, the Company Issuer may execute and deliver and the Trustee Trustee, if there be one, shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities shall be issuable in as registered securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of Trustee the Trustee, if appointed, upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish, at its expenses, definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of Issuer for the Company maintained as provided in purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities. Neither the Issuer nor the Trustee, as the case may be shall be obligated to issue definitive Securities of until it or the Issuer or the Trustee, as appropriate shall have received such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Temporary Securities. Pending the preparation of definitive Securities of any series Series, the Company Corporation may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of such series (Series which are printed, lithographed, typewritten, mimeographed typewritten or otherwise produced). Temporary Securities shall be issuable , in any authorized denomination and substantially in of the form tenor of the definitive Securities in lieu of which they are issued but issued, in registered form and with such appropriate omissions, insertions insertions, substitutions and other variations as the officers executing such Securities may be appropriate for temporary determine, as evidenced by their execution of such Securities, all as may be determined by the Company with the concurrence of the Trustee. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities. If temporary Securities in lieu of which they are issued. Without unreasonable delay , the Company Corporation will execute and deliver to the Trustee cause definitive Securities to be prepared without unreasonable delay. After the preparation of such series and thereupon any or all definitive Securities, the temporary Securities of such series may Series shall be surrendered in exchange therefor, exchangeable for definitive Securities upon surrender of the temporary Securities without charge to the Holder at any of the offices or agencies of to be maintained by the Company maintained Corporation as provided in Section 12.02 hereof 4.3 with respect to the Securities of such Series. Upon surrender for such purpose, cancellation of any one or more temporary Securities the Corporation shall execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoSeries. Until so exchanged, the temporary Securities of any series Series shall in all respects be entitled to the same benefits under of this Indenture and interest thereon, when and as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01payable, shall not be exchangeable for definitive Global Securitiespaid to the registered owners thereof.
Appears in 1 contract
Samples: Indenture (Providian Financing Iv)
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company Corporation may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities (printed or lithographed) of such series (printed, lithographed, typewritten, mimeographed or otherwise produced)series. Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary SecuritiesSecurities of such series, all as may be determined by the Company with the concurrence of the TrusteeCorporation. Every such temporary Security shall be executed authenticated by the Company and shall be authenticated by or on behalf of Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable delay the Company Corporation will execute and deliver to the Trustee definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor at the Principal Office of the Trustee or at any of agency to be maintained by the offices or agencies of the Company maintained Corporation for such purpose as provided in Section 12.02 hereof for such purpose5.02, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company Corporation at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company Corporation may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under under, and be subject to the terms and conditions of, this Indenture as definitive Securities of such the same series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Supplemental Indenture (Baltimore Gas & Electric Co)
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuer may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in as registered Securities without coupons, of any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuer with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuer and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuer shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuer for that purpose pursuant to Section 12.02 hereof for such purpose3.2, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities an equal of such series a like aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense and without any charge therefor except that in case same series of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoauthorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securitiesseries.
Appears in 1 contract
Samples: Indenture (Crane Co /De/)
Temporary Securities. Pending the preparation of definitive Securities of any series series, the Company Issuer and the Guarantor may execute execute, and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, temporary Securities of such series (printed, lithographed, lithographed or typewritten, mimeographed or otherwise produced)) of any authorized denomination. Temporary Such temporary Securities shall be issuable in any authorized denomination and substantially in the form of the definitive Securities in lieu of which they are issued issued, but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company with the concurrence of the TrusteeIssuer. Every such temporary Security of any series shall be executed by the Company Issuer and, if applicable, the Guarantor, and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedsuch series. Without unreasonable unnecessary delay the Company Issuer and, if applicable, the Guarantor, will execute and deliver to the Trustee will furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefortherefor (without charge to the holders), at any the office or agency of the offices or agencies Issuer designated for the purpose in the Borough of Manhattan, the Company maintained as provided in Section 12.02 hereof for such purposeCity and State of New York, and the Trustee shall authenticate and deliver, such office or cause to be authenticated and delivered, agency shall deliver in exchange for such temporary Securities an equal aggregate principal amount of definitive Securities of such series. Such exchange shall , unless the Issuer advises the Trustee to the effect that definitive Securities need not be made by executed and furnished until further notice from the Company at its own expense and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoIssuer. Until so exchanged, the temporary Securities of any such series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form and, unless otherwise established as contemplated by Section 3.01, shall not be exchangeable for definitive Global Securities.
Appears in 1 contract
Samples: Consumers Energy Co
Temporary Securities. Pending the preparation of definitive Securities of for any series series, the Company Issuers may execute and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver temporary Securities of for such series (printed, lithographed, typewritten, mimeographed typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Securities of any series shall be issuable in any authorized denomination denomination, and substantially in the form of the definitive Securities in lieu of which they are issued such series but with such omissions, insertions and variations as may be appropriate for temporary Securities, all as may be determined by the Company Issuers with the concurrence of the TrusteeTrustee as evidenced by the execution and authentication thereof. Temporary Securities may contain such references to any provisions of this Indenture as may be appropriate. Every such temporary Security shall be executed by the Company Issuers and shall be authenticated by or on behalf of the Trustee upon the same conditions and in substantially the same manner, and with the same like effect, as the definitive Securities in lieu of which they are issuedSecurities. Without unreasonable delay the Company will Issuers shall execute and deliver to the Trustee shall furnish definitive Securities of such series and thereupon any or all temporary Securities of such series may be surrendered in exchange therefor, therefor without charge at any of each office or agency to be maintained by the offices or agencies of the Company maintained as provided in Issuers for that purpose pursuant to Section 12.02 hereof for such purpose, 3.2 and the Trustee shall authenticate and deliver, or cause to be authenticated and delivered, deliver in exchange for such temporary Securities of such series an equal aggregate principal amount of definitive Securities of such series. Such exchange shall be made by the Company at its own expense same series and without any charge therefor except that in case of any such exchange involving any registration of transfer the Company may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretohaving authorized denominations. Until so exchanged, the temporary Securities of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Securities of such series authenticated and delivered hereunder. Notwithstanding the foregoing provisions of this Section 3.07, Global Securities may remain in temporary form andseries, unless otherwise established as contemplated by pursuant to Section 3.01, shall not be exchangeable for definitive Global Securities2.3.
Appears in 1 contract
Samples: Triton Energy Corp