Common use of Temporary Subordinated Securities Clause in Contracts

Temporary Subordinated Securities. Pending the preparation of definitive Subordinated Securities of any series, the Company may execute and the Trustee shall authenticate and deliver temporary Subordinated Securities of such series which are printed, lithographed, typewritten or otherwise produced, in each case satisfactory to the Trustee. Temporary Subordinated Securities of any series shall be issuable substantially in the form of the definitive Subordinated Securities of such series but with such appropriate omissions, insertions, substitutions and other variations as the officers executing such Subordinated Securities may determine, as evidenced by their execution of such Subordinated Securities. Every such temporary Subordinated Security shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Subordinated Securities. If temporary Subordinated Securities are issued, the Company will cause definitive Subordinated Securities to be prepared without unreasonable delay. After the preparation of definitive Subordinated Securities, the temporary Subordinated Securities of such series shall be exchangeable for definitive Subordinated Securities upon surrender of the temporary Subordinated Securities without charge to the Holder at the offices or agencies to be maintained by the Trustee as provided in Section 4.03 with respect to the Subordinated Securities of such series. Upon surrender for cancellation of any one or more temporary Subordinated Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange for such temporary Subordinated Securities an equal aggregate principal amount of definitive Subordinated Securities of such series. Until so exchanged, the temporary Subordinated Securities of any series shall in all respects be entitled to the benefits of this Subordinated Indenture and interest thereon, when and as payable, shall be paid to the registered owners thereof.

Appears in 6 contracts

Samples: Subordinated Indenture (Achieve Life Sciences, Inc.), Subordinated Indenture (Biolife Solutions Inc), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.)

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Temporary Subordinated Securities. Pending the preparation of definitive Subordinated Securities of for any series, the Company may execute and the Trustee shall authenticate and deliver temporary Subordinated Securities of for such series which are (printed, lithographed, typewritten or otherwise producedreproduced, in each case in form satisfactory to the Trustee). Temporary Subordinated Securities of any series shall be issuable as Registered Subordinated Securities without coupons, or as Unregistered Subordinated Securities with or without coupons attached thereto, of any authorized denomination, and substantially in the form of the definitive Subordinated Securities of such series but with such appropriate omissions, insertions, substitutions insertions and other variations as may be appropriate for temporary Subordinated Securities, all as may be determined by the officers executing such Company with the concurrence of the Trustee as evidenced by the execution and authentication thereof. Temporary Subordinated Securities may determine, contain such references to any provisions of this Subordinated Indenture as evidenced by their execution of such Subordinated Securitiesmay be appropriate. Every such temporary Subordinated 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 the same like effect, as the definitive Subordinated Securities. If temporary Subordinated Securities are issued, Without unreasonable delay the Company will cause shall execute and shall furnish definitive Subordinated Securities to be prepared without unreasonable delay. After the preparation of definitive Subordinated Securities, the temporary Subordinated Securities of such series shall be exchangeable for definitive and thereupon temporary Registered Subordinated Securities upon surrender of the temporary Subordinated Securities such series may be surrendered in exchange therefor without charge to the Holder at the offices each office or agencies agency to be maintained by the Trustee as provided Company for that purpose pursuant to Section 3.2 and, in Section 4.03 with respect to the case of Unregistered Subordinated Securities of such series. Upon surrender for cancellation of Securities, at any one or more temporary Subordinated Securities agency maintained by the Company shall execute for such purpose as specified pursuant to Section 2.4, and the Trustee shall authenticate and deliver in exchange for such temporary Subordinated Securities of such series an equal aggregate principal amount of definitive Subordinated Securities of such seriesthe same series having authorized denominations and, in the case of Unregistered Subordinated Securities, having attached thereto any appropriate Coupons. Until so exchanged, the temporary Subordinated Securities of any series shall in all respects be entitled to the same benefits of under this Subordinated Indenture as definitive Subordinated Securities of such series, unless otherwise established pursuant to Section 2.3. The provisions of this Section are subject to any restrictions or limitations on the issue and interest thereon, when delivery of temporary Unregistered Subordinated Securities of any series that may be established pursuant to Section 2.4 (including any provision that Unregistered Subordinated Securities of such series initially be issued in the form of a single global Unregistered Subordinated Security to be delivered to a depositary or agency located outside the United States and as payable, shall the procedures pursuant to which definitive or global Unregistered Subordinated Securities of such series would be paid to the registered owners thereofissued in exchange for such temporary global Unregistered Subordinated Security).

Appears in 2 contracts

Samples: Subordinated Indenture (Quadramed Corp), Subordinated Indenture (Healthsouth Corp)

Temporary Subordinated Securities. Pending the preparation of definitive Subordinated Securities of any series, the Company may execute and the Trustee shall authenticate and deliver temporary Subordinated Securities of such series which are printed, lithographed, typewritten or otherwise produced, in each case satisfactory to the Trustee. Temporary Subordinated Securities of any series shall be issuable as Registered Subordinated Securities without coupons, or as Unregistered Subordinated Securities with or without coupons attached thereto of any authorized denomination, and substantially in the form of the definitive Subordinated Securities of such series but with such appropriate omissions, insertions, substitutions and other variations as the officers executing such Subordinated Securities may determine, as evidenced by their execution of such Subordinated Securities. Every such temporary Subordinated Security shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Subordinated Securities. If temporary Subordinated Securities are issued, the Company will cause definitive Subordinated Securities to be prepared without unreasonable delay. After the preparation of definitive Subordinated Securities, the temporary Subordinated Securities of such series shall be exchangeable for definitive Subordinated Securities upon surrender of the temporary Subordinated Securities without charge to the Holder at the offices or agencies to be maintained by the Trustee as provided in Section 4.03 with respect to the Subordinated Securities of such seriesseries and in the case of Unregistered Subordinated Securities, at any agency maintained by the Company for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Subordinated Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange for such temporary Subordinated Securities an equal aggregate principal amount of definitive Subordinated Securities of such seriesseries and in the case of Unregistered Subordinated Securities, having attached thereto any appropriate Coupons. Until so exchanged, the temporary Subordinated Securities of any series shall in all respects be entitled to the benefits of this Subordinated Indenture and interest thereon, when and as payable, shall be paid to the registered owners thereof. The provisions of this Section are subject to any restrictions or limitations on the issue and delivery of temporary Unregistered Subordinated Securities of any series that may be established pursuant to Section 2.03 (including any provision that Unregistered Subordinated Securities of such series initially be issued in the form of a single global Unregistered Subordinated Security to be delivered to a depositary or agency located outside the United States and the procedures pursuant to which definitive or global Unregistered Subordinated Securities of such series would be issued in exchange for such temporary global Unregistered Subordinated Security).

Appears in 2 contracts

Samples: Subordinated Indenture (Covad Communications Group Inc), Subordinated Indenture (Transmeta Corp)

Temporary Subordinated Securities. Pending the preparation of definitive Subordinated Securities of any seriesSeries, the Company Corporation may execute and the Trustee shall authenticate and deliver temporary Subordinated Securities of such series Series which are printed, lithographed, typewritten or otherwise produced, in each case satisfactory to any denomination substantially of the Trustee. Temporary Subordinated Securities of any series shall be issuable substantially in the form tenor of the definitive Subordinated Securities in lieu of such series but which they are issued, in registered form and with such appropriate omissions, insertions, substitutions and other variations as the officers executing such Subordinated Securities may determine, as evidenced by their execution of such Subordinated Securities. Every such temporary Subordinated Security shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Subordinated Securities. If temporary Subordinated Securities are issued, the Company Corporation will cause definitive Subordinated Securities to be prepared without unreasonable delay. After the preparation of definitive Subordinated Securities, the temporary Subordinated Securities of such series Series shall be exchangeable for definitive Subordinated Securities upon surrender of the temporary Subordinated Securities without charge to the Holder at the offices or agencies to be maintained by the Trustee Corporation as provided in Section 4.03 4.4 with respect to the Subordinated Securities of such seriesSeries. Upon surrender for cancellation of any one or more temporary Subordinated Securities the Company Corporation shall execute and the Trustee shall authenticate and deliver in exchange for such temporary Subordinated Securities an equal aggregate principal amount of definitive Subordinated Securities of such seriesSeries. Until so exchanged, the temporary Subordinated Securities of any series Series shall in all respects be entitled to the benefits of this Subordinated Indenture and interest thereon, when and as payable, shall be paid to the registered owners thereof.

Appears in 1 contract

Samples: Subordinated Indenture (Providian Financing Iv)

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Temporary Subordinated Securities. Pending the preparation --------------------------------- of definitive Subordinated Securities of any series, the Company may execute and and, upon a Company Order the Trustee shall authenticate and deliver deliver, temporary Subordinated Securities of such series which are printed, lithographed, typewritten or otherwise produced, in each case satisfactory to the Trustee. Temporary Subordinated Securities of any series shall be issuable as Registered Subordinated Securities without Coupons, or as Unregistered Subordinated Securities with or without Coupons attached thereto of any authorized denomination, and substantially in the form of the definitive Subordinated Securities of such series but with such appropriate omissions, insertions, substitutions and other variations as the officers executing such Subordinated Securities may determine, as evidenced by their execution of such Subordinated SecuritiesSecurities (but which do not affect the rights or duties of the Trustee). Every such temporary Subordinated Security shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Subordinated Securities. If temporary Subordinated Securities are issued, the Company will cause definitive Subordinated Securities to be prepared without unreasonable delay. After the preparation of definitive Subordinated Securities, the temporary Subordinated Securities of such series shall be exchangeable for definitive Subordinated Securities upon surrender of the temporary Subordinated Securities without charge to the Holder at the offices or agencies to be maintained by the Trustee Company as provided in Section 4.03 with respect to the Subordinated Securities of such seriesseries and in the case of Unregistered Subordinated Securities, at any agency maintained by the Company for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Subordinated Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange for such temporary Subordinated Securities an equal aggregate principal amount of definitive Subordinated Securities of such seriesseries and, in the case of Unregistered Subordinated Securities, having attached thereto any appropriate Coupons. Until so exchanged, the temporary Subordinated Securities of any series shall in all respects be entitled to the benefits of this Subordinated Indenture and interest thereon, when and as payable, shall be paid to the registered owners thereof. The provisions of this Section are subject to any restrictions or limitations on the issue and delivery of temporary Unregistered Subordinated Securities of any series that may be established pursuant to Section 2.03 (including any provision that Unregistered Subordinated Securities of such series initially be issued in the form of a single global Unregistered Subordinated Security to be delivered to a depositary or agency located outside the United States and the procedures pursuant to which definitive Unregistered Subordinated Securities of such series would be issued in exchange for such temporary global Unregistered Subordinated Security).

Appears in 1 contract

Samples: Subordinated Indenture (Exodus Communications Inc)

Temporary Subordinated Securities. Pending the preparation of definitive Subordinated Securities of any seriesSeries, the Company may execute and the Trustee shall authenticate and deliver temporary Subordinated Securities of such series Series which are printed, lithographed, typewritten or otherwise produced, in each case satisfactory to any denomination substantially of the Trustee. Temporary Subordinated Securities of any series shall be issuable substantially in the form tenor of the definitive Subordinated Securities in lieu of such series but which they are issued, in registered form and with such appropriate omissions, insertions, substitutions and other variations as the officers executing such Subordinated Securities may determine, as evidenced by their execution of such Subordinated Securities. Every such temporary Subordinated Security shall be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with the same effect, as the definitive Subordinated Securities. If temporary Subordinated Securities are issued, the Company will cause definitive Subordinated Securities to be prepared without unreasonable delay. After the preparation of definitive Subordinated Securities, the temporary Subordinated Securities of such series Series shall be exchangeable for definitive Subordinated Securities upon surrender of the temporary Subordinated Securities without charge to the Holder at the offices or agencies to be maintained by the Trustee as provided in Section 4.03 4.04 with respect to the Subordinated Securities of such seriesSeries. Upon surrender for cancellation of any one or more temporary Subordinated Securities the Company shall execute and the Trustee shall authenticate and deliver in exchange for such temporary Subordinated Securities an equal aggregate principal amount of definitive Subordinated Securities of such seriesSeries. Until so exchanged, the temporary Subordinated Securities of any series Series shall in all respects be entitled to the benefits of this Subordinated Indenture and interest thereon, when and as payable, shall be paid to the registered owners thereof.

Appears in 1 contract

Samples: Subordinated Indenture (Ati Financing Ii)

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