Common use of Temporary Senior Notes Clause in Contracts

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as the definitive Senior Notes in lieu of which they are issued, with such appropriate insertions, omissions, substitutions and other variations as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303. If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a like principal amount of definitive Senior Notes of authorized denominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.

Appears in 5 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

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Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201Definitive Notes, the Company Owner Trustee may execute, on behalf of the Issuer, and upon Company Order receipt of an Issuer Order, the Indenture Trustee shall authenticate and deliver, temporary Senior Notes which that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as of the definitive Senior Definitive Notes in lieu of which they are issued, issued and with such appropriate insertions, omissions, substitutions and other variations not inconsistent with the terms of this Indenture as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303Notes. If temporary Senior Notes are issued, the Company will Issuer shall cause definitive Senior Definitive Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Definitive Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Definitive Notes upon surrender of the such temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant Issuer to be maintained as provided in Section 10023.02, without charge to the Holderrelated Senior Noteholder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company Owner Trustee shall execute execute, on behalf of the Issuer, and the Indenture Trustee shall authenticate and deliver in exchange therefor therefor, a like principal amount of definitive Senior Definitive Notes of authorized denominations. Until so exchanged, the such temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Definitive Notes.

Appears in 3 contracts

Samples: BMW Vehicle Lease Trust 2000-A, Ryder Truck Rental I Lp, Ryder Truck Rental I Lp

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201Notes, the Company may execute, and upon Company Order the Trustee shall authenticate and delivermake available for delivery, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as of the definitive Senior Notes in lieu of which they are issued, issued and with such appropriate insertions, omissions, substitutions and other variations as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303Notes. If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant to Section 1002in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, Notes the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor a like principal amount of one or more definitive Senior Notes of any authorized denominationsdenominations and of a like aggregate principal amount and tenor. Until so exchanged, exchanged the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior NotesNotes of such tenor.

Appears in 3 contracts

Samples: Indenture (Resource America Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201of any series, the Company Issuer may execute, and and, upon Company Order Issuer Order, the Trustee shall authenticate and deliver, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as of the definitive Senior Notes of such series in lieu of which they are issued, issued and with such appropriate insertions, omissions, substitutions and other variations as the directors Officer or officers Officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303thereof. If temporary Senior Notes of any series are issued, the Company Issuer will cause definitive Senior Notes of such series to be prepared without unreasonable delay. After the preparation of definitive Senior NotesNotes of such series, the temporary Senior Notes of such series shall be exchangeable for definitive Senior Notes of such series upon surrender of the temporary Senior Notes of such series at the office or agency of the Company designated Issuer in a Place of Payment for such purpose pursuant to Section 1002series, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior NotesNotes of any series, the Company Issuer shall execute and the Trustee shall authenticate and deliver in exchange therefor a like principal amount of one or more definitive Senior Notes of the same series, of any authorized denominationsdenominations and of like tenor and aggregate principal amount. Until so exchanged, the temporary Senior Notes of any series shall in all respects be entitled to the same benefits under this Indenture as definitive Senior NotesNotes of such series and tenor.

Appears in 2 contracts

Samples: Senior Note Indenture (Agco Corp /De), Senior Note Indenture (AGCO International GmbH)

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201Notes, the Issuer and the Company may execute, and upon a Company Order of the Issuer, the Trustee shall authenticate and delivermake available for delivery, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed mimeographed, or otherwise produced, in any authorized denomination, substantially in the tenor of the same tenor as the definitive Senior Notes in lieu of which they are issued, issued and with such appropriate insertions, omissions, substitutions and other variations as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303Notes. If temporary Senior Notes are issued, the Company Issuer will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant to Section 1002Issuer in a Place of Payment, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Issuer and the Company shall execute and the Trustee shall authenticate and deliver make available for delivery in exchange therefor a like principal amount of definitive Senior Notes of authorized denominationsdenominations and of like tenor. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.

Appears in 2 contracts

Samples: Stone Container (Stone Container Corp), Indenture (Ibp Inc)

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201Notes, the Company Lease Trustee may execute, on behalf of the Lease Trust, and upon Company receipt of an Issuer Order the Indenture Trustee shall authenticate and deliver, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as of the definitive Senior Notes in lieu of which they are issued, issued and with such appropriate insertions, omissions, substitutions and other variations not inconsistent with the terms of this Indenture as the directors or officers executing such the temporary Senior Notes may determine, as conclusively evidenced by their execution of such temporary Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303Notes. If temporary Senior Notes are issued, the Company Lease Trust will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant Lease Trustee to be maintained as provided in Section 10023.2, without charge to the HolderSenior Noteholder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company Lease Trustee shall execute execute, on behalf of the Lease Trust, and the Indenture Trustee shall authenticate and deliver in exchange therefor a like principal amount of definitive Senior Notes of authorized denominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.

Appears in 1 contract

Samples: Indenture (Fcal LLC)

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as the definitive Senior Notes in lieu of which they are issued, with such appropriate insertions, omissions, substitutions and other variations as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303. If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall Corporation may execute and the Trustee shall authenticate and deliver temporary Senior Notes (printed or lithographed). Temporary Senior Notes shall be issuable in any authorized denomination, and substantially in the form of the definitive Senior Notes but with such omissions, insertions and variations as may be appropriate for temporary Senior Notes, all as may be determined by the Corporation. Every such temporary Senior Note shall be executed by the Corporation and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Senior Notes. Without unreasonable delay the Corporation will execute and deliver to the Trustee or the Authenticating Agent definitive Senior Notes and thereupon any or all temporary Senior Notes may be surrendered in exchange therefor therefor, at the Principal Office of the Trustee or at any office or agency maintained by the Corporation for such purpose as provided in Section 3.2, and the Trustee or the Authenticating Agent shall authenticate and deliver in exchange for such temporary Senior Notes a like aggregate principal amount of such definitive Senior Notes Notes. Such exchange shall be made by the Corporation at its own expense and without any charge therefor except that in case of authorized denominationsany such exchange involving a registration of transfer the Corporation may require payment of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior NotesNotes authenticated and delivered hereunder.

Appears in 1 contract

Samples: Indenture (Joy Global Inc)

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201Notes, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as of the definitive Senior Notes in lieu of which they are issued, issued and with such appropriate insertions, omissions, substitutions and other variations as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303Notes. If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant to Section 100210.02, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a like principal amount of definitive Senior Notes of authorized denominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.

Appears in 1 contract

Samples: Indenture (Leitesol Industry & Commerce Inc.)

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Temporary Senior Notes. Pending the preparation of definitive Definitive Senior Notes as provided in Section 201Notes, the Company Lease Trustee may execute, on behalf of the Lease Trust, and upon Company receipt of an Issuer Order the Indenture Trustee shall authenticate and deliver, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as of the definitive Senior Notes in lieu of which they are issued, issued and with such appropriate insertions, omissions, substitutions and other variations not inconsistent with the terms of this Indenture as the directors or officers executing such the temporary Senior Notes may determine, as conclusively evidenced by their execution of such temporary Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303Notes. If temporary Senior Notes are issued, the Company Lease Trust will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant Lease Trustee to be maintained as provided in Section 10023.2, without charge to the HolderSenior Noteholder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a like principal amount of definitive Senior Notes of authorized denominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.tempo-

Appears in 1 contract

Samples: Indenture (RCL Trust 1996 1)

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201Notes, the Company may executeexecute and deliver to the Trustee and, and upon Company Order Order, the Trustee shall will authenticate and deliver, in the manner provided in Section 303, temporary Senior Notes in lieu thereof which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as of the definitive Senior Notes in lieu of which they are issued, in registered form, without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the directors or officers of the Company executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes. Such temporary Senior Notes and which may be executed by manual or facsimile signatures to in global form. Except in the same extent as case of temporary Senior Notes in global form, which will be exchanged in accordance with the provisions set forth in this Indenture or the provisions established in accordance with Section 303. If 204, if temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After Except as otherwise provided in or under this Indenture, after the preparation of definitive Senior Notes of the same Series and containing terms and provisions that are identical to those of any temporary Senior Notes, the such temporary Senior Notes shall will be exchangeable for such definitive Senior Notes upon surrender of the such temporary Senior Notes at the an office or agency of the Company designated for such purpose pursuant to Section 1002Senior Notes, without charge to the Holderany Holder thereof. Upon Except as otherwise provided in or under this Indenture, upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall will execute and the Trustee shall will authenticate and deliver in exchange therefor a like principal amount of definitive Senior Notes of authorized denominationsdenominations of the same Series and containing identical terms and provisions. Until Unless otherwise provided in or under this Indenture with respect to a temporary global Senior Note, until so exchanged, exchanged the temporary Senior Notes shall of any Series will in all respects be entitled to the same benefits under this Indenture as definitive Senior NotesNotes of such Series.

Appears in 1 contract

Samples: Indenture (Guaranty Bancshares Inc /Tx/)

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201Notes, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as of the definitive Senior Notes in lieu of which they are issued, issued and with such appropriate insertions, omissions, substitutions and other variations as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303Notes. If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the temporary Senior Notes shall be exchangeable for definitive Senior Notes upon surrender of the temporary Senior Notes at the office or agency of the Company designated for such purpose pursuant to Section 1002, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor a like principal amount of definitive Senior Notes of authorized denominations. Until so exchanged, the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.

Appears in 1 contract

Samples: Indenture (Ascent Entertainment Group Inc)

Temporary Senior Notes. Pending the preparation of definitive Senior Notes as provided in Section 201, the Company may execute, and upon Company Order the Trustee shall authenticate and deliver, temporary Senior Notes which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the same tenor as the definitive Senior Notes in lieu of which they are issued, with such appropriate insertions, omissions, substitutions and other variations as the directors or officers executing such Senior Notes may determine, as conclusively evidenced by their execution of such Senior Notes and which may be executed by manual or facsimile signatures to the same extent as set forth in Section 303. If temporary Senior Notes are issued, the Company will cause definitive Senior Notes to be prepared without unreasonable delay. After the preparation of definitive Senior Notes, the Issuer may execute and the Trustee shall authenticate and deliver temporary Senior Notes (printed, lithographed, typewritten or otherwise reproduced, in each case in form satisfactory to the Trustee). Temporary Senior Notes shall be exchangeable for issuable as registered Senior Notes without coupons, of any authorized denomination, and substantially in the form of the definitive Senior Notes upon surrender but with such omissions, insertions and variations as may be appropriate for temporary Senior Notes, all as may be determined by the Issuer with the concurrence of the Trustee. Temporary Senior Notes may contain such reference to any provisions of this Indenture as may be appropriate. Every temporary Senior Note shall be executed by the Issuer and authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Senior Notes. Without unreasonable delay the Issuer shall execute and shall furnish definitive Senior Notes and thereupon temporary Senior Notes may be surrendered in exchange therefor without charge at the each office or agency of to be maintained by the Company designated Issuer for such the purpose pursuant to Section 10023.2, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Senior Notes, the Company shall execute and the Trustee shall authenticate and deliver in exchange therefor for such temporary Senior Notes a like aggregate principal amount of definitive Senior Notes of authorized denominations. Until so exchanged, exchanged the temporary Senior Notes shall in all respects be entitled to the same benefits under this Indenture as definitive Senior Notes.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

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