Common use of Temporary Securities Clause in Contracts

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 213 contracts

Samples: Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Wilshire Bancorp Inc)

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Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 31 contracts

Samples: Indenture (Applied Extrusion Technologies Inc /De), Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Qwest Communications International Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for that purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 26 contracts

Samples: Indenture (Allegheny Energy Supply Co LLC), Indenture (Usec Inc), Indenture (Forest City Enterprises Inc)

Temporary Securities. (a) Pending the preparation of definitive Definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will shall cause definitive Definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for that purpose pursuant to Section 10.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of Definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesof a like tenor. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities.

Appears in 20 contracts

Samples: Indenture (Herc Holdings Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)

Temporary Securities. (a) Pending the preparation of definitive Definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for that purpose pursuant to Section 10.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of Definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesof a like tenor. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities.

Appears in 20 contracts

Samples: Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 18 contracts

Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Asbc Capital Ii)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 16 contracts

Samples: Junior Subordinated Indenture (Chase Capital Iii), Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 15 contracts

Samples: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Liberty Financial Capital Trust Ii)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities securities of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 13 contracts

Samples: Junior Subordinated Indenture (First Empire Capital Trust Ii), Junior Subordinated Indenture (First Empire Capital Trust I), Junior Subordinated Indenture (First Empire State Corp)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Corporation designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 12 contracts

Samples: Junior Subordinated Indenture (Bank of New York Co Inc), Junior Subordinated Indenture (CSC Capital Iii), Junior Subordinated Indenture (State Street Boston Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities securities, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 11 contracts

Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), Junior Subordinated Indenture (American Bancshares Inc \Fl\), Junior Subordinated Indenture (Sman Capital Trust 1)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of any series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose in a Place of Payment without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations and having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 9 contracts

Samples: Senior Indenture (EAM Corp), Senior Indenture (Domtar Paper Company, LLC), Senior Indenture (Fisher Scientific International Inc)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 9 contracts

Samples: Junior Subordinated Indenture (Evans Capital Trust III), Trust Agreement (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall upon receipt of a Company Order authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 9 contracts

Samples: Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Anthracite Capital Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon receipt of a Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities securities, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 8 contracts

Samples: Junior Subordinated Indenture (Sun Capital Trust), Junior Subordinated Indenture (Greater Community Bancorp), Junior Subordinated Indenture (Broad National Bancorporation)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are typewritten, printed, lithographed, typewritten, mimeographed engraved or otherwise producedproduced or produced by any combination of these methods, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will shall cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 5 contracts

Samples: Indenture (AMC Networks Inc.), Indenture (Cablevision Systems Corp /Ny), Indenture (CSC Holdings Inc)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations having the same Original original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Southern Financial Capital Trust I), Junior Subordinated Indenture (Resource Capital Trust I), Junior Subordinated Indenture (Highlands Capital Trust I)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute execute, and the Trustee shall authenticate and deliver in exchange therefor therefor, one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall shall, in all respects respects, be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Samples: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order Order, the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determinedetermine with the concurrence of the Trustee. Temporary Securities may contain such reference to any provisions of this CVR Agreement as may be appropriate. Every temporary Security shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as evidenced by their execution of such the definitive Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 7.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Temporary Securities shall in all respects be entitled to the same benefits under this Indenture CVR Agreement as definitive Securities.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Celgene Corp /De/), Contingent Value Rights Agreement (Abraxis BioScience, Inc.), Contingent Value Rights Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and and, upon Company Order, the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Thornburg Mortgage Inc)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any subclass, the Company Issuer may execute, execute and upon Company Order the Trustee shall may authenticate and deliver, deliver temporary Securities that of such subclass which are printed, lithographed, typewritten, mimeographed typewritten or otherwise produced, in any denomination, containing substantially of the tenor of same terms and provisions as are set forth in the definitive Securities applicable exhibit hereto or in lieu of which they are issued and with any indenture supplemental hereto, except for such appropriate insertions, omissions, substitutions and other variations relating to their temporary nature as the officers Director executing such temporary Securities may determine, as evidenced by their his or her execution of such temporary Securities. (b) . If temporary Securities of any subclass are issued, the Company Issuer will cause definitive Securities of such subclass to be prepared without unreasonable delay. After the preparation of definitive SecuritiesSecurities of such subclass, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the such temporary Securities at the office or agency Corporate Trust Office of the Company designated for that purpose Trustee, without charge to the HolderHolder thereof. Upon surrender for cancellation of any one or more temporary Securities, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any like subclass, in authorized denominations having and in the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesaggregate principal amounts. Until so exchanged, the such temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 4 contracts

Samples: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and and, upon receipt of a Company Order, the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Samples: Indenture (RAIT Financial Trust), Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Anthracite Capital Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are typewritten, printed, lithographed, typewritten, mimeographed engraved or otherwise producedproduced or produced by any combination of these methods, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Samples: Indenture (CSC Holdings Inc), Indenture (Cablevision Systems Corp), Indenture (CSC Holdings Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust)

Temporary Securities. (a) Pending Subject to Section 2.12 hereof, pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company or the Guarantor designated for that such purpose pursuant to Section 2.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and upon Company Order the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount at Maturity of definitive Securities of any authorized denominations (having the same Original Issue Date and Stated Maturity and having the same terms as such temporary SecuritiesGuarantee endorsed thereon) of authorized denominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 3 contracts

Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities Securities, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Bnccorp Inc), Junior Subordinated Indenture (Vib Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee upon receipt of a Company Order shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Homebanc Corp), Junior Subordinated Indenture (Homebanc Corp)

Temporary Securities. (a) Pending In the preparation event that Definitive Securities are to be issued under the terms of definitive Securitiesthis Indenture, until such Definitive Securities are ready for delivery, the Company Issuers may executeprepare and the Trustee shall, upon receipt of an Issuer Order, authenticate temporary Securities. Temporary Securities shall be substantially in the form, and upon Company Order shall carry all rights, of Definitive Securities but may have variations that the Issuers consider appropriate for temporary Securities. Without unreasonable delay, the Issuers shall prepare and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Definitive Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the any office or agency of maintained by the Company designated Issuers for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Issuers shall execute execute, and the Trustee shall shall, upon receipt of an Issuer Order, authenticate and deliver make available for delivery in exchange therefor therefor, one or more definitive Definitive Securities representing an equal principal amount of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the Holder of temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive a Holder of Definitive Securities.

Appears in 2 contracts

Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for the definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Impac Mortgage Holdings Inc), Junior Subordinated Indenture (Impac Mortgage Holdings Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed typewritten or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Officer or Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay, except to comply with applicable law. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 10.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Indenture (Geo MCF Lp, LLC), Indenture (Geo MCF Lp, LLC)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company Issuer may execute, and upon Company Issuer Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company Issuer will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Issuer designated for that such purpose pursuant to Section 2.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Indenture (Getty Images Inc), Indenture (Lin Television Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Indenture (Regal Cinemas Inc), Indenture (Amc Entertainment Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company Companies may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company Companies will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose Companies in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company Companies shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Indenture (Starwood Lodging Corp), Indenture (Starwood Lodging Trust)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (North Fork Capital Trust I), Junior Subordinated Indenture (Bancorpsouth Inc)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Corporation designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Corporation shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more definitive Securities of the same series of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (Sea Pines Associates Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities-------------------- Securities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations having the same Original original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Commonwealth Bankshares Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon a Company Order Order, the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.06, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and upon Company Order the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Indenture (RPM International Inc/De/), Indenture (RPM International Inc/De/)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations not inconsistent with the terms of this Indenture as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Temecula Valley Bancorp Inc), Junior Subordinated Indenture (Temecula Valley Bancorp Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.. [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Independent Bank Corp /Mi/), Trust Agreement (Independent Bank Corp /Mi/)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for that purpose pursuant to Section 10.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 2 contracts

Samples: Indenture (Overseas Shipholding Group Inc), Indenture (Overseas Shipholding Group Inc)

Temporary Securities. (a) Pending the preparation of ------------ -------------------- definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Chittenden Capital Trust I)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which 42 42 are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (National City Capital Trust I)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated maintained for that purpose purpose, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities Securities, of any authorized denominations having the same Original Issue Date and Stated Maturity of like tenor and having the same terms as such temporary Securitiesaggregate principal amount. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Vintage Petroleum Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company (on behalf of itself and Reading NZ) may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company (on behalf of itself and Reading NZ) will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company and Reading NZ shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Reading International Inc)

Temporary Securities. (a) Pending the preparation of ---------------------------------- definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount at Maturity of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Kohls Corporation)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Authentication Order the Trustee shall authenticate and deliver, temporary Securities that of such series which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities for any series are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities for such series shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.5, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (WSFS Financial Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Novastar Financial Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Officer executing such Securities may determine, as conclusively evidenced by their such Officer’s execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.04, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more thereof a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Level 3 Communications Inc)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Corporation designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Corporation shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more definitive Securities of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Cullen Frost Capital Trust I)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary 47 38 Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for that purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date date of issuance and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Amerus Capital I)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Senior Indenture (Universal American Financial Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of the same Series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities of the same Series upon surrender of the temporary Securities at the any office or agency of the Company designated for that purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary SecuritiesSeries of authorized denominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive SecuritiesSecurities of the same Series.

Appears in 1 contract

Samples: Indenture (Delta Air Lines Inc /De/)

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Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon receipt of the documents required by Sections 2.02 and 3.04, together with a Company Order Order, the Trustee shall authenticate and deliver, such temporary Securities that are which may be printed, lithographed, typewritten, mimeographed or otherwise produced, in any denominationauthorized denominations, substantially of the tenor of the such definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such temporary Securities may determine, as evidenced by their execution of such temporary Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities Securities, upon surrender of the temporary Securities at the any office or agency of maintained by the Company designated for that purpose such purposes as provided in Section 5.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more therefore a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date interest rate and Stated Maturity and having bearing interest from the same terms as such temporary Securitiesdate of any authorized denominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Cincinnati Financial Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers managing directors executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities Securities, of any authorized denominations having the same Original Issue Date and Stated Maturity of a like aggregate principal amount and having the same terms as such temporary Securitiestenor. Until so exchangedexchanged in full as hereinabove provided, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive SecuritiesSecurities authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Petrobras Global Finance B.V.)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company and Xxxxx may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertionsinser- tions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company and Xxxxx will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the any office or agency of the Company designated for that purpose pursuant to Section 10.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company and Xxxxx shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesof a like tenor. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (FLN Finance Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon receipt of the documents required by Sections 2.02 and 3.01, together with a Company Order Order, the Trustee shall authenticate and deliver, such temporary Securities that are which may be printed, lithographed, typewritten, mimeographed or otherwise produced, in any denominationauthorized denominations, substantially of the tenor of the such definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such temporary Securities may determine, as evidenced by their execution of such temporary Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities Securities, upon surrender of the temporary Securities at the any office or agency of maintained by the Company designated for that purpose such purposes as provided in Section 4.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more therefore a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date interest rate and Stated Maturity and having bearing interest from the same terms as such temporary Securitiesdate of any authorized denominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Cincinnati Financial Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Vision Bancshares Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company Success Bancshares may execute, and upon receipt of a Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company Success Bancshares will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Success Bancshares designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Success Bancshares shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities securities, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Success Bancshares Inc)

Temporary Securities. (a) Pending In the preparation event that Definitive Securities are to be issued under the terms of definitive Securitiesthis Indenture, until such Definitive Securities are ready for delivery, the Company Issuers may executeprepare and the Trustee shall, upon receipt by Trustee of the Issuers’ Order, authenticate temporary Securities. Temporary Securities shall be substantially in the form, and upon Company Order shall carry all rights, of Definitive Securities but may have variations that the Issuers consider appropriate for temporary Securities. Without unreasonable delay, the Issuers shall prepare and the Trustee shall authenticate and delivershall, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially upon receipt by Trustee of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertionsIssuers’ Order, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such authenticate Definitive Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the any office or agency of maintained by the Company designated Issuers for that purpose and such exchange shall be without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Issuers shall execute execute, and the Trustee shall shall, upon receipt by Trustee of the Issuers’ Order, authenticate and deliver make available for delivery in exchange therefor therefor, one or more definitive Definitive Securities representing an equal principal amount of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the Holder of temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive a Holder of Definitive Securities.

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Temporary Securities. (a) Pending the preparation of definitive --------------------- Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.03 or 4.05, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Merrill Lynch & Co Inc)

Temporary Securities. (a) Pending the preparation of definitive Definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute execute, and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of Definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and Maturity, having the same terms as such temporary Securitiesand like tenor. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Superior National Insurance Group Inc)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities of any series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose in a Place of Payment without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any the same series of authorized denominations and having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.temporary

Appears in 1 contract

Samples: Junior Subordinated Indenture (Principal Financial Group Inc)

Temporary Securities. (a) Pending the preparation of definitive any Global or Definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Global or Definitive Securities in lieu of which they are issued issued, in registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . Such temporary Securities may be in global form. If temporary Securities are issued, the Company will cause definitive Definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose Corporate Trust Office, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like principal amount and like tenor of Definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities.

Appears in 1 contract

Samples: Indenture (Catalyst Biosciences, Inc.)

Temporary Securities. (a) Pending the preparation of definitive Definitive Securities, if any, the Company may execute, and upon Company Authentication Order the Trustee shall authenticate and deliver, temporary Securities that Securities, which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers Officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.7, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive a like Principal Amount of Definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Definitive Securities.

Appears in 1 contract

Samples: Indenture (Sterling Bancorp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may executeexecute and, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Subordinated Indenture (Redwood Trust Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company Corporation may execute, and upon Company Order Corporation Order, the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company Corporation will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Corporation designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities Securities, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Riggs National Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced evidenced, by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (State National Bancshares, Inc.)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities or a permanent Global Security, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities or a permanent Global Security in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall may be exchangeable for definitive Securities or beneficial interests in a permanent Global Security, as the case may be, upon surrender of the temporary Securities at the any office or agency of the Company designated for that purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive SecuritiesSecurities or beneficial interests in a permanent Global Security, as the case may be.

Appears in 1 contract

Samples: Indenture (Quaker State Corp)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company Issuers may execute, and upon Company Issuer Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed lithographed or otherwise producedengraved or produced by any other method, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company Issuers will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Issuers designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Issuers shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series and tenor.

Appears in 1 contract

Samples: Indenture (Exterran Energy Solutions, L.P.)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company Bank may execute, and upon Company Bank Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company Bank will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Bank designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Bank shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Zions Institutional Capital Trust A)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company Corporation may execute, and upon Company Corporation Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company Corporation will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Corporation designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Sce&g Trust I)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as as- the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of the same series, of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Bankamerica Corp/De/)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities Securities, of any authorized denominations having the same Original Issue Date and Stated Maturity of like tenor and having the same terms as such temporary Securitiesaggregate principal amount. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture

Temporary Securities. (a) Pending Subject to Section 2.12 hereof, pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that Securities, in an amount specified in such Company Order or an Officer's Certificate, which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions substitutions, Legends and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and upon Company Order the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount at Maturity of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Vishay Intertechnology Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company and Finance Corp. may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company Issuers will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company Issuers designated for that such purpose pursuant to Section 10.2 hereof, without charge to the HolderHolders. Upon surrender for cancellation of any one or more temporary Securities, the Company Issuers and each Subsidiary Guarantor shall execute and and, upon Company Order, the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity of like tenor and having the same terms as such temporary Securitiesaggregate principal amount. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Egan Hub Partners Lp)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation cancelation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any 41 34 the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Hartford Life Inc)

Temporary Securities. (a) Pending the preparation of definitive SecuritiesSecurities of any series, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities of such series in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities of any series are issued, the Company will cause definitive Securities of such series to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holderholder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any the same series of authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary 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 SecuritiesSecurities of such series.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Praegitzer Industries Inc)

Temporary Securities. (a) Pending the preparation of definitive ---------------------------------- Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.3, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities Securities, of any authorized denominations having the same Original Issue Date and Stated Maturity of like tenor and having the same terms as such temporary Securitiesaggregate principal amount. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive SecuritiesSecurities and tenor.

Appears in 1 contract

Samples: Indenture (Ddi Capital Corp/Dynamic Details Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute execute, and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and Maturity, having the same terms as such temporary Securitiesand like tenor. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Symons International Group Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations not inconsistent with the terms of this Indenture as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Junior Subordinated Indenture (First Chester County Corp)

Temporary Securities. (a) Pending the preparation of --------------------------------- definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.3, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount at Maturity of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Greater Bay Bancorp)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that purpose without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company shall execute and and, upon receipt of a Company Order the Trustee shall authenticate and deliver in exchange therefor therefor, one or more definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securities. Until so exchanged, the temporary Securities shall shall, in all respects respects, be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Anthracite Capital Inc)

Temporary Securities. (a) Pending the preparation of ----------------------------------- definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 2.03, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and upon Company Order the Trustee shall authenticate and deliver in exchange therefor one or more a like Principal Amount at Maturity of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Danaher Corp /De/)

Temporary Securities. (a) Pending the preparation of definitive Definitive Securities, the Company may execute, and upon receipt of the documents required by Section 303, together with a Company Order Order, the Trustee shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as evidenced by their execution of such Securities. (b) issued. If temporary Securities are issued, the Company will cause definitive Definitive Securities to be prepared without unreasonable delay. After the preparation of definitive Definitive Securities, the temporary Securities shall be exchangeable for definitive Definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated maintained pursuant to Section 1002 for that the purpose of exchanges of Securities, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more definitive Securities Definitive Securities, of any authorized denominations having the same Original Issue Date and Stated Maturity of a like aggregate principal amount and having the same terms as such temporary Securitiestenor. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive SecuritiesDefinitive Securities of such tenor. Section 305. Transfer and Exchange.

Appears in 1 contract

Samples: Indenture (Kinder Morgan Inc)

Temporary Securities. (a) Pending the preparation of definitive permanent Securities, the Company Corporation may execute, and upon Company Corporation Order the Trustee Registrar shall authenticate and deliver, temporary Securities that which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive permanent Securities in lieu of which they are issued issued, in fully registered form and with such appropriate insertions, omissions, substitutions and other variations as the officers Officers executing such Securities may determine, as evidenced by their execution signing of such Securities. (b) . If temporary Securities are issued, the Company Corporation will cause definitive permanent Securities to be prepared without unreasonable delay. After the preparation of definitive permanent Securities, the temporary Securities shall be exchangeable for definitive permanent Securities upon surrender of the temporary Securities at the office or agency any Place of the Company designated for that purpose Registration, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, the Company Corporation shall execute and the Trustee Registrar shall authenticate and deliver in exchange therefor one or more definitive a like principal amount of permanent Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive permanent Securities.

Appears in 1 contract

Samples: Trust Indenture (Bce Inc)

Temporary Securities. (a) Pending the preparation of definitive Securities, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Securities. Temporary Securities that are may be printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Securities in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Securities may determine, as conclusively evidenced by their execution of such Securities. (b) . If temporary Securities are issued, the Company will cause definitive Securities to be prepared without unreasonable delaydelay but in no event later than the date that the Registered Exchange Offer is consummated. After the preparation of definitive Securities, the temporary Securities shall be exchangeable for definitive Securities upon surrender of the temporary Securities at the office or agency of the Company designated for that such purpose pursuant to Section 10.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Securities, Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor one or more a like principal amount of definitive Securities of any authorized denominations having the same Original Issue Date and Stated Maturity and having the same terms as such temporary Securitiesdenominations. Until so exchanged, exchanged the temporary Securities shall in all respects be entitled to the same benefits under this Indenture as definitive Securities.

Appears in 1 contract

Samples: Indenture (Paging Network Do Brazil Sa)

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