Temporary Unit Certificates. Pending the preparation of definitive Unit Certificates, the Company shall execute and deliver (together with an Issuer Order) to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holders, and deliver, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are in substantially the form set forth in Exhibit A or Exhibit B hereto, with such letters, numbers or other marks of identification or designation and such legends or endorsements printed, lithographed or engraved thereon as may be required by the rules of any securities exchange on which the Units are listed or Depositary therefor, or as may, consistently herewith, be determined by the officers of the Company executing such Unit Certificates, as evidenced by their execution of the Unit Certificates. If temporary Unit Certificates are issued, the Company will cause definitive Unit Certificates to be prepared without unreasonable delay. After the preparation of definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates upon surrender of the temporary Unit Certificates at the Corporate Trust Office, at the expense of the Company and without charge to the Holder. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, one or more definitive Unit Certificates of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates shall in all respects evidence the same benefits and the same obligations with respect to the Units evidenced thereby as definitive Unit Certificates.
Appears in 3 contracts
Samples: Master Unit Agreement (Amerus Life Holdings Inc), Master Unit Agreement (Monsanto Co), Master Unit Agreement (Southern Co)
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall may execute and deliver (together with an Issuer Order) to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, shall authenticate, countersign, execute on behalf of the Holders, Holder and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Company with the concurrence of the Company executing such Unit CertificatesTrustee, Warrant Agent and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, and deliver as appropriate, in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Debt Securities, Prepaid Purchase Contracts Issued under the Units evidenced thereby Indenture, Warrants and Purchase Contracts constituting parts of such Units, the Indenture, the Warrant Agreement and this Agreement as definitive Unit CertificatesCertificates of such series, unless otherwise specified pursuant to Section 2.03.
Appears in 2 contracts
Samples: Unit Agreement (Morgan Stanley Finance LLC), Unit Agreement (Morgan Stanley Capital Trust Iv)
Temporary Unit Certificates. Pending the preparation of definitive Unit Certificates, the Company shall execute and deliver (together with an Issuer Order) to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holders, and deliver, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are in substantially the form set forth in Exhibit A or Exhibit B hereto, with such letters, numbers or other marks of identification or designation and such legends or endorsements printed, lithographed or engraved thereon as may be required by the rules of any securities exchange on which the Units are listed or Depositary therefor, or as may, consistently herewith, be determined by the officers of the Company executing such Unit Certificates, as evidenced by their execution of the Unit Certificates. If temporary Unit Certificates are issued, the Company will cause definitive Unit Certificates to be prepared without unreasonable delay. After the preparation of definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates upon surrender of the temporary Unit Certificates at the Corporate Trust Office, at the expense of the Company and without charge to the Holder. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, one or more definitive Unit Certificates of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates shall in all respects evidence the same benefits and the same obligations with respect to the Units evidenced thereby as definitive Unit Certificates.
Appears in 2 contracts
Samples: Master Unit Agreement (Ati Financing Ii), Master Unit Agreement (Providian Financing Iv)
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall Corporation may execute and deliver (together with an Issuer Order) to the Unit Trustee and/or the Agent, as appropriate, and the Unit Agent Trustee and/or the Agent, as appropriate, shall authenticate, countersign, execute on behalf of the Holders, Holder and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Corporation with the concurrence of the Company executing such Unit CertificatesTrustee and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company Corporation will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company Corporation and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company Corporation shall execute and deliver to the Unit Trustee and/or the Agent, and the Unit Trustee and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, and deliver as appropriate, in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Debt Securities and Purchase Contracts constituting parts of such Units, the Units evidenced thereby Indenture and this Agreement as definitive Unit CertificatesCertificates of such series, unless otherwise specified pursuant to Section 2.03.
Appears in 2 contracts
Samples: Unit Agreement (Wells Fargo Capital Vii), Unit Agreement (Wells Fargo Capital Vi)
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall Corporation may execute and deliver (together with an Issuer Order) to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, shall authenticate, countersign, execute on behalf of the Holders, Holder and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Corporation with the concurrence of the Company executing such Unit CertificatesTrustee, Warrant Agent and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company Corporation will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company Corporation and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, and deliver as appropriate, in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Debt Securities, Prepaid Purchase Contracts Issued under the Units evidenced thereby Indenture, Warrants and Purchase Contracts constituting parts of such Units, the Indenture, the Warrant Agreement and this Agreement as definitive Unit CertificatesCertificates of such series, unless otherwise specified pursuant to Section 2.03.
Appears in 2 contracts
Samples: Unit Agreement (Morgan Stanley Capital Trust VIII), Unit Agreement (Morgan Stanley)
Temporary Unit Certificates. Pending the preparation of definitive Unit Certificates, the Company shall execute and deliver (together with an Issuer Order) to the Unit Purchase Contract Agent, and the Unit Purchase Contract Agent shall authenticate, execute on behalf of the Holders, and deliver, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are in substantially the form set forth in Exhibit A or Exhibit B hereto, with such letters, numbers or other marks of identification or designation and such legends or endorsements printed, lithographed or engraved thereon as may be required by the rules of any securities exchange on which the Units are listed or Depositary therefor, or as may, consistently herewith, be determined by the officers of the Company executing such Unit Certificates, as evidenced by their execution of the Unit Certificates. If temporary Unit Certificates are issued, the Company will cause definitive Unit Certificates to be prepared without unreasonable delay. After the preparation of definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates upon surrender of the temporary Unit Certificates at the Corporate Trust Office, at the expense of the Company and without charge to the Holder. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Purchase Contract Agent, and the Unit Purchase Contract Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, one or more definitive Unit Certificates of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates shall in all respects evidence the same benefits and the same obligations with respect to the Units evidenced thereby as definitive Unit Certificates.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Seagram Co LTD), Purchase Contract Agreement (Xo Communications Inc)
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall Corporation may execute and deliver (together with an Issuer Order) to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, shall authenticate, countersign, execute on behalf of the Holders, Holder and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Corporation with the concurrence of the Company executing such Unit CertificatesTrustee, Warrant Agent and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company Corporation will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company Corporation and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, and deliver as appropriate, in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Debt Securities, Prepaid Purchase Contracts, Warrants and Purchase Contracts constituting parts of such Units, the Units evidenced thereby Indenture, the Warrant Agreement and this Agreement as definitive Unit CertificatesCertificates of such series, unless otherwise specified pursuant to Section 2.03.
Appears in 1 contract
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall Corporation may execute and deliver (together with an Issuer Order) to the Unit Trustee, the Warrant Agent, Deposit Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent, Deposit Agent and/or the Agent, as appropriate, shall authenticate, countersign, execute on behalf of the Holders, Holder and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Corporation with the concurrence of the Company executing such Unit CertificatesTrustee, Warrant Agent, Deposit Agent and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company Corporation will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company Corporation and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent, the Deposit Agent and/or the Agent, and the Unit Trustee, the Warrant Agent, the Deposit Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, and deliver as appropriate, in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Debt Securities, Warrants, Depositary Shares, Preferred Stock and Purchase Contracts constituting parts of such Units, the Units evidenced thereby Indentures, the Warrant Agreement, the Deposit Agreement, the Certificate of Incorporation and this Agreement as definitive Unit CertificatesCertificates of such series, unless otherwise specified pursuant to Section 2.03.
Appears in 1 contract
Temporary Unit Certificates. Pending the preparation of definitive Unit Certificates, the Company shall execute and deliver (together with an Issuer Order) to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holders, and deliver, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are in substantially the form set forth in Exhibit A or Exhibit B hereto, with such letters, numbers or other marks of identification or designation and such legends or endorsements printed, lithographed or engraved thereon as may be required by the rules of any securities exchange on which the Units are listed or Depositary therefor, or as may, consistently herewith, be determined by the officers of the Company executing such Unit Certificates, as evidenced by their execution of the Unit Certificates. If temporary Unit Certificates are issued, the Company will cause definitive Unit Certificates to be prepared without unreasonable delay. After the preparation of definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates upon surrender of the temporary Unit Certificates at the Corporate Trust Office, at the expense of the Company and without charge to the Holder. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, one or more definitive Unit Certificates of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates shall in all respects evidence the same benefits and the same obligations with respect to the Units evidenced thereby as definitive Unit Certificates.
Appears in 1 contract
Temporary Unit Certificates. Pending the preparation of definitive Unit Certificates, the Company shall execute and deliver (together with an Issuer Order) to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holders, and deliver, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are in substantially the form set forth in Exhibit A or Exhibit B hereto, with such letters, numbers or other marks of identification or designation and such legends or endorsements printed, lithographed or engraved thereon as may be required by the rules of any securities exchange on which the Units are listed or Depositary therefor, or as may, consistently herewith, be determined by the officers of the Company executing such Unit Certificates, as evidenced by their execution of the Unit Certificates. If temporary Unit Certificates are issued, the Company will cause definitive Unit Certificates to be prepared without unreasonable delay. After the preparation of definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates upon surrender of the temporary Unit Certificates at the Corporate Trust Office, at the expense of the Company and without charge to the Holder. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, one or more definitive Unit Certificates of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates shall in all respects evidence the same benefits and the same obligations with respect to the Units evidenced thereby as definitive Unit Certificates.same
Appears in 1 contract
Temporary Unit Certificates. Pending the preparation of definitive Unit Certificates, the Company shall execute and deliver (together with an Issuer Order) to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holders, and deliver, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are in substantially the form set forth in Exhibit A or Exhibit B hereto, with such letters, numbers or other marks of identification or designation and such legends or endorsements printed, lithographed or engraved thereon as may be required by the rules of any securities exchange on which the Units are listed or Depositary therefor, or as may, consistently herewith, be determined by the officers of the Company executing such Unit Certificates, as evidenced by their execution of the Unit Certificates. If temporary Unit Certificates are issued, the Company will cause definitive Unit Certificates to be prepared without unreasonable delay. After the preparation of definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates upon surrender of the temporary Unit Certificates at the Corporate Trust Office, at the expense of the Company and without charge to the Holder. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, one or more definitive Unit Certificates of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates shall in all respects evidence the same benefits and the same obligations with respect to the Units evidenced thereby as definitive Unit CertificatesXxxx Xxxxxxxxxxxx.
Appears in 1 contract
Samples: Master Unit Agreement (Monsanto Co)
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall Corporation may execute and deliver (together with an Issuer Order) to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, shall authenticate, countersign, execute on behalf of the Holders, Holder and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Corporation with the concurrence of the Company executing such Unit CertificatesTrustee, Warrant Agent and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company Corporation will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company Corporation and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.3. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, and deliver as appropriate, in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Debt Securities, Prepaid Purchase Contracts, Warrants and Purchase Contracts constituting parts of such Units, the Units evidenced thereby Indenture, the Warrant Agreement and this Agreement as definitive Unit CertificatesCertificates of such series, unless otherwise specified pursuant to Section 2.3.
Appears in 1 contract
Temporary Unit Certificates. Pending the preparation of definitive Unit Certificates, the Company shall execute and deliver (together with an Issuer Order) to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holders, and deliver, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are in substantially the form set forth in Exhibit A or Exhibit B hereto, with such letters, numbers or other marks of identification or designation and such legends or endorsements printed, lithographed or engraved thereon as may be required by the rules of any securities exchange on which the Units are listed or Depositary therefor, or as may, consistently herewith, be determined by the officers of the Company executing such Unit Certificates, as evidenced by their execution of the Unit Certificates. If temporary Unit Certificates are issued, the Company will cause definitive Unit Certificates to be prepared without unreasonable delay. After the preparation of definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates upon surrender of the temporary Unit Certificates at the Corporate Trust Office, at the expense of the Company and without charge to the Holder. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, one or more definitive Unit Certificates of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates shall in all respects evidence the same benefits and the same obligations with respect to the Units evidenced thereby as definitive Unit Certificates.. Section 305. Registration;
Appears in 1 contract
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall Corporation may execute and deliver (together with an Issuer Order) to the Unit Trustee and/or the Agent, as appropriate, and the Unit Agent Trustee and/or the Agent, as appropriate, shall authenticate, countersign, execute on behalf of the Holders, Holder and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Corporation with the concurrence of the Company executing such Unit CertificatesTrustee and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company Corporation will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company Corporation and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company Corporation shall execute and deliver to the Unit Trustee and/or the Agent, and the Unit Trustee and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, and deliver as appropriate, in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Debt Securities, Prepaid Purchase Contracts and Purchase Contracts constituting parts of such Units, the Units evidenced thereby Indenture and this Agreement as definitive Unit CertificatesCertificates of such series, unless otherwise specified pursuant to Section 2.03.
Appears in 1 contract
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall Corporation may execute and deliver (together with an Issuer Order) to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, shall authenticate, countersign, execute on behalf of the Holders, Holder and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Corporation with the concurrence of the Company executing such Unit CertificatesTrustee, Warrant Agent and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company Corporation will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company Corporation and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 203. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, and deliver as appropriate, in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Debt Securities, Prepaid Purchase Contracts, Warrants and Purchase Contracts constituting parts of such Units, the Units evidenced thereby Indenture, the Warrant Agreement and this Agreement as definitive Unit CertificatesCertificates of such series, unless otherwise specified pursuant to Section 203.
Appears in 1 contract
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall may execute and deliver (together with an Issuer Order) to the Unit Trustee and/or the Warrant Agent, as appropriate, and the Unit Agent Trustee and/or the Warrant Agent, as appropriate, shall authenticate, execute on behalf of the Holders, countersign and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Company with the concurrence of the Company executing such Unit CertificatesTrustee, Warrant Agent and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, and the Unit Trustee and/or the Warrant Agent shall authenticateauthenticate or countersign and deliver, execute on behalf of the Holderas appropriate, and deliver in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Notes or Pre-Paid Purchase Contracts or Warrants constituting parts of such Units, the Units evidenced thereby Indenture, the Warrant Agreement and this Agreement as definitive Unit Certificates.Certificates of such series, unless otherwise specified pursuant to Section 2.03
Appears in 1 contract
Samples: Unit Agreement (Morgan Stanley)
Temporary Unit Certificates. Pending the preparation of definitive Unit Certificates, the Company shall execute and deliver (together with an Issuer Order) to the Unit Purchase Contract Agent, and the Unit Purchase Contract Agent shall authenticate, execute on behalf of the Holders, and deliver, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are in substantially the form set forth in Exhibit A or Exhibit B hereto, with such letters, numbers or other marks of identification or designation and such legends or endorsements printed, printed or lithographed or engraved thereon as may be required by the rules of any securities exchange on which the Units are listed or Depositary therefor, or as may, consistently herewith, be determined by the officers of the Company executing such Unit Certificates, as evidenced by their execution of the Unit Certificates. If temporary Unit Certificates are issued, the Company will cause definitive Unit Certificates to be prepared without unreasonable delay. After the preparation of definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates upon surrender of the temporary Unit Certificates at the Corporate Trust Office, at the expense of the Company and without charge to the Holder. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Purchase Contract Agent, and the Unit Purchase Contract Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, one or more definitive Unit Certificates of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates shall in all respects evidence the same benefits and the same obligations with respect to the Units evidenced thereby as definitive Unit Certificates.
Appears in 1 contract
Samples: Purchase Contract Agreement (Forest City Enterprises Inc)
Temporary Unit Certificates. Pending the preparation of definitive Unit CertificatesCertificates for any series, the Company shall may execute and deliver (together with an Issuer Order) to the Unit Trustee and/or the Warrant Agent, as appropriate, and the Unit Agent Trustee and/or the Warrant Agent, as appropriate, shall authenticate, execute on behalf of the Holders, countersign and deliver, as appropriate, in lieu of such definitive Unit Certificates, temporary Unit Certificates which are for such series. Temporary Unit Certificates shall be in substantially the form set forth in Exhibit A or Exhibit B heretoof the Unit Certificates of such series, but with such lettersomissions, numbers or other marks of identification or designation insertions and such legends or endorsements printed, lithographed or engraved thereon variations as may be required by the rules of any securities exchange on which the Units are listed or Depositary thereforappropriate for temporary Unit Certificates, or all as may, consistently herewith, may be determined by the officers Company with the concurrence of the Company executing such Unit CertificatesTrustee, Warrant Agent and/or Agent, as appropriate, as evidenced by their the execution and authentication and/or countersignature of the Unit CertificatesSecurities constituting a part of the Units evidenced thereby, as applicable. If temporary Unit Certificates for any series are issued, the Company will cause definitive Unit Certificates for such series to be prepared without unreasonable delay. After the preparation of such definitive Unit Certificates, the temporary Unit Certificates shall be exchangeable for definitive Unit Certificates therefor upon surrender of the temporary Unit Certificates Registered Units of such series at the Corporate Trust Office, at the expense of the Company and without charge to any Holder and, in the Holdercase of Unregistered Units, at any agency maintained for such purpose as specified pursuant to Section 2.03. Upon surrender for cancellation of any one or more temporary Unit Certificates, the Company shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, and the Unit Trustee and/or the Warrant Agent shall authenticateauthenticate or countersign and deliver, execute on behalf of the Holderas appropriate, and deliver in exchange therefor, one or more therefor definitive Unit Certificates of the same series of like tenor, of authorized denominations and evidencing a like number of Normal Units or Stripped Units, as the case may be, as the temporary Unit Certificate or Unit Certificates so surrendered. Until so exchanged, the temporary Unit Certificates of any series shall in all respects evidence the same benefits and the same obligations with respect to under any Notes or Pre-Paid Purchase Contracts or Warrants constituting parts of such Units, the Units evidenced thereby Indenture, the Warrant Agreement and this Agreement as definitive Unit Certificates.Certificates of such series, unless otherwise specified pursuant to Section 2.03
Appears in 1 contract