Common use of Book-Entry Provisions for Global Notes Clause in Contracts

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 32 contracts

Samples: Indenture (Omega Healthcare Investors Inc), Covenants (Ply Gem Holdings Inc), Indenture (Curative Health Services Inc)

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Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 20 contracts

Samples: Indenture (Cole National Corp /De/), Indenture (Saks Inc), Indenture (Saks Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 18 contracts

Samples: Supplemental Indenture (CareTrust REIT, Inc.), JBS Usa (JBS USA Holdings, Inc.), Indenture (JBS Holding Luxembourg S.A R.L.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of the Depository or the Cede & Co., as nominee of such Depositorythe Depositary, and (ii) be delivered to the Trustee Trustee, as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicablethe Depositary. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any NoteHolder.

Appears in 17 contracts

Samples: Tyson Foods (Tyson Foods Inc), Tyson Foods (Tyson Foods Inc), Supplemental Indenture (Tyson Foods Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such the Depository, (ii) be delivered to the Trustee as custodian for such the Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerCo-Issuers, the Trustee and any agent of the Issuer Co-Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCo-Issuers, the Trustee or any agent of the Issuer Co-Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 11 contracts

Samples: Pledge Agreement (Navios South American Logistics Inc.), Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder or beneficial owner of any Note.

Appears in 10 contracts

Samples: Merger Agreement (Davita Inc), Merger Agreement (Physicians Management, LLC), Physicians Management, LLC

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.17 hereof. Members of, or participants in, the Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, Depository or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any NoteHolder.

Appears in 8 contracts

Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Basic Energy Services (Basic Energy Services Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 6 contracts

Samples: Indenture (Petro Stopping Centers L P), Indenture (Petro Holdings Financial Corp), Indenture (Petro Stopping Centers Holdings Lp)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, B as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 6 contracts

Samples: Supplemental Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 5 contracts

Samples: Indenture (Hi-Crush Inc.), Collateral and Security Documents (Exide Technologies), Pilgrims Pride Corp

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) if applicable, bear legends as the legend set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 4 contracts

Samples: Supplemental Indenture (MPT Operating Partnership, L.P.), Supplemental Indenture (MPT Operating Partnership, L.P.), MPT Operating Partnership, L.P.

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.17 hereof. Members of, or participants in, the Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, Depository or under the Global NoteNotes, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any NoteHolder.

Appears in 4 contracts

Samples: Supplemental Indenture (American Greetings Corp), Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Book-Entry Provisions for Global Notes. (a) The Each Global Notes Note initially shall (i) be registered in the name of the Depository Depositary for such global Note or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 202. Members of, or participants in, the Depository Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or shall impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 4 contracts

Samples: Indenture (Mediacom Communications Corp), Indenture (Mediacom LLC), Mediacom LLC

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) if applicable, bear legends as the legend set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Note, and the Depository Depositary may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 4 contracts

Samples: Twelfth Supplemental Indenture (MPT Operating Partnership, L.P.), Thirteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Sixteenth Supplemental Indenture (MPT Operating Partnership, L.P.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary, and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.17. Members of, or participants in, the Depository Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note Notes held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global NoteNotes, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any NoteNotes.

Appears in 3 contracts

Samples: Indenture (Lions Gate Entertainment Inc), First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (“Participants”"PARTICIPANTS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 3 contracts

Samples: Indenture (MAAX Holdings, Inc.), Communications & Power Industries Inc, MAAX Holding Co.

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such the Depository, (ii) be delivered to the Trustee as custodian for such the Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 3 contracts

Samples: Article Twelve (Navios Maritime Holdings Inc.), Indenture (Global Ship Lease, Inc.), Article Twelve (Navios Maritime Holdings Inc.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit EXHIBIT B, as applicable. Members of, or participants in, the Depository (“Participants”"PARTICIPANTS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Inverness Medical Innovations Inc, Ply Gem Industries Inc

Book-Entry Provisions for Global Notes. (aA) The Global Notes initially shall (i) be registered in the name of the Depository Depositary for the Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicablerequired hereby. Members of, or participants in, the Depository Depositary for the Notes (“Participants”) shall have no direct rights under this Indenture with respect to any Global Note held on their behalf by the Depositorysuch Depositary, or the Trustee as its custodian, or under the Global Note, and the Depository such Depositary may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository such Depositary or impair, as between the Depository such Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: First Supplemental Indenture (Massey Energy Co), First Supplemental Indenture (Alpha Natural Resources, Inc.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, B as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerESH REIT, the Trustee and any agent of the Issuer ESH REIT or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerESH REIT, the Trustee or any agent of the Issuer ESH REIT or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Indenture (ESH Hospitality, Inc.), Indenture (ESH Hospitality, Inc.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository the Depositary and (iii) bear legends as set forth on the face of the form of Note in Exhibit B, as applicableSection 2.02. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this the Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any NoteHolder.

Appears in 2 contracts

Samples: First Supplemental Indenture (Sonosite Inc), Supplemental Indenture (TTM Technologies Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear the applicable legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Trestle Transport, Inc.), Indenture (Advanced Disposal Services, Inc.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit BA, as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Inverness Medical Innovations Inc), Supplemental Indenture (Inverness Medical Innovations Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear the legends relating to the Global Notes as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”) Depositary shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Universal City Travel Partners, Universal City Travel Partners

Book-Entry Provisions for Global Notes. (a) The Each Global Notes Note initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.17 hereof. Members of, or participants in, the Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the any Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the each Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Indenture (Stonemor Partners Lp), Indenture (Stonemor Partners Lp)

Book-Entry Provisions for Global Notes. (a) The Each Global Notes initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicablerequired by Section 2.6(e). Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodianNote Custodian, or under the Global Note, and the Depository may Depositary will be treated by the IssuerCompany, the Trustee Note Custodian and any agent of the Issuer Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee Trustee, Note Custodian or any agent of the Issuer Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) if applicable, bear legends as the legend set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Sotherly Hotels Lp, Sotherly Hotels Lp

Book-Entry Provisions for Global Notes. (a) The Each Global Notes Note initially shall (i) be registered in the name of the Depository Depositary for such Global Note or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 202. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or shall impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Mediacom Broadband Corp, Mediacom Capital Corp

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository Depositary (“Participants”each an "Agent Member") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the 29 -26- Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Spincycle Inc, Spincycle Inc

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Senior Note.

Appears in 2 contracts

Samples: Indenture (Essex Group Inc), Indenture (Superior Telecommunications Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, B as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Corrections Corp of America), Supplemental Indenture (Corrections Corp of America)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.02. Members of, or participants in, the Depository Depositary (“Participants”"AGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Note, and the Depository Depositary may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Note.

Appears in 2 contracts

Samples: Indenture (Carrier1 International S A), Aon Corp

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”) shall have no rights under this First Supplemental Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder holder or beneficial owner of any Note.

Appears in 1 contract

Samples: Supplemental Indenture (Western Digital Corp)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Senior Note.

Appears in 1 contract

Samples: Supplemental Indenture (Superior Essex Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicableD hereto. Members of, or participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Pledge Agreement (Decora Industries Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or direct or indirect participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Outdoor Systems Inc

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository Depositary (“Participants”each an "Agent --------- ----- Member") shall have no rights under this Indenture with respect to any Global ------ Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerHoldings, the Trustee and any agent of the Issuer Holdings or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerHoldings, the Trustee or any agent of the Issuer Holdings or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Telemundo Holding Inc

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Common Depository or as the nominee of such each Depository, (ii) be delivered to the Trustee Common Depository as custodian for such each Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the any Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the such Depository, or the Trustee or Common Depositary as its custodian, or under the Global Note, and the each Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the applicable Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the a Depository or impair, as between the a Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Antenna Tv Sa

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered regis tered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Glo bal Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary custom ary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: International Shipholding Corp

Book-Entry Provisions for Global Notes. (a) The Each Global Notes Note initially shall (i) be registered in the name of the Depository for such Global Note or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.02 hereof. Members of, or participants Participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the any Global Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Note.

Appears in 1 contract

Samples: Indenture (Colo Com)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes without interest coupons (i) be registered in the name of the Depository or the Cede & Co., as nominee of such Depository, the Depositary and (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicablethe Depositary. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any NoteHolder.

Appears in 1 contract

Samples: Supplemental Indenture (Tyson Foods Inc)

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Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such the Depository, (ii) be delivered to the Trustee as custodian for such the Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the any Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Indenture (United Maritime Group, LLC)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. EXHIBIT B. Members of, or participants in, the Depository (“Participants”"AGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Senior Note.

Appears in 1 contract

Samples: Indenture (Franks Nursery & Crafts Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.. (b)

Appears in 1 contract

Samples: Pilgrims Pride Corp

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository ("Participants") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Norcraft Companies Lp

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. EXHIBIT B. Members of, or participants in, the Depository (“Participants”"DEPOSITORY PARTICIPANTS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global NoteNotes, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and its Depository Participants, the operation of customary practices governing the exercise of the rights of a Holder holder of any Note.

Appears in 1 contract

Samples: Hanger Orthopedic Group Inc

Book-Entry Provisions for Global Notes. (a) The Each Global Notes Note initially shall (i) be registered in the name of the Depository Depositary for such Global Note or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.02. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or shall impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Indenture (Primus Telecommunications Group Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such Depositorythe Depositary, (ii) be delivered to the Trustee as custodian for such Depository the Depositary and (iii) bear legends as set forth in Exhibit B, as applicable. C. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Note, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Indenture (Verrazano,inc.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear the legends relating to the Global Notes as set forth in Exhibit B, as applicable. B. Members of, or participants Participants in, the Depository (“Participants”) Depositary shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Interline (Interline Brands, Inc./De)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee Bankers Trust Company as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicable. C. Members of, or participants in, the Depository Depositary ("Participants") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee Bankers Trust Company as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Indenture (GPPW Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes without interest coupons (i) be registered in the name of the Depository or the Cede & Co., as nominee of such Depositorythe Depositary, and (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicablethe Depositary. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any NoteHolder.

Appears in 1 contract

Samples: Supplemental Indenture (Johnson Controls Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository ("Participants") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Covenants (Readers Digest Association Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such the Depository, (ii) be delivered to the Trustee as custodian for such Depository DTC Custodian and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, Depository or the Trustee as its custodianDTC Custodian, or under the Global Note, and the Depository or its nominee as registered owner of the Global Notes, may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Indenture (Global Ship Lease, Inc.)

Book-Entry Provisions for Global Notes. (a) The Each Global Notes initially Note constituting a Restricted Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Note Custodian and (iii) bear legends as set forth in Exhibit B, as applicablerequired by Section 2.6(e). Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Intercreditor Agreement (Bumble Bee Capital Corp.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) if applicable, bear legends as the legend set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Tenth Supplemental Indenture (MPT Operating Partnership, L.P.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may -27- 31 be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Senior Note.

Appears in 1 contract

Samples: Unison Healthcare Corp

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.17. Members of, or participants in, the Depository Depositary ("Participants") shall have no rights under this Indenture with respect to any Global Note Notes held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global NoteNotes, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any NoteNotes.

Appears in 1 contract

Samples: Lions Gate Entertainment Corp /Cn/

Book-Entry Provisions for Global Notes. (a) The Each Global Notes Note initially shall (i) be registered in the name of the Depository Depositary for such Global Note or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 202. Members of, or participants in, the Depository Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or shall impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Primus Telecommunications Group Inc

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or nominee of such Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Caprock Communications Corp

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Securities (i) be registered in the name of the Depository Depositary or the nominee of such Depository, Depositary and (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicablethe Depositary. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this First Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any NoteHolder.

Appears in 1 contract

Samples: Indenture (Penn Virginia Corp)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. Members of, or participants in, the Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Indenture (Norcraft Capital Corp.)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. B. --------- Members of, or participants in, the Depository ("Participants") shall ------------ have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Custody and Security Agreement (Superior Financial Corp /Ar/)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depository (Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Note, and the Depository may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participants, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Indenture (Ply Gem Holdings Inc)

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.02. Members of, or participants Participants in, the Depository Depositary (“Participants”"AGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Note.

Appears in 1 contract

Samples: Corporacion Durango S.A .De C.V.

Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository Depository, and (iii) bear the legends as set forth in Exhibit B, as applicable. A. Members of, or participants in, the Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depository, or the Trustee as its custodian, or under the Global NoteNotes, and the Depository may be treated by the Issuer, the Trustee and any agent Agent of the Issuer or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent Agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Pahc Holdings Corp

Book-Entry Provisions for Global Notes. (a) The U.S. Global Notes Note and Offshore Global Note initially shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 2.05. Members of, or participants in, the Depository Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Note.

Appears in 1 contract

Samples: Indenture (Vitro Sa De Cv)

Book-Entry Provisions for Global Notes. (a) The Each Global Notes Note initially shall (i) be registered in the name of the Depository Depositary for such Global Note or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B, as applicableSection 202. Members of, or participants in, the Depository Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Note, and the Depository Depositary may be treated by the IssuerIssuers, the Trustee and any agent of the Issuer Issuers or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerIssuers, the Trustee or any agent of the Issuer Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impairshall im- pair, as between the Depository Depositary and Participantsits Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Mediacom Communications Corp

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