Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the Global Notes shall (i) be registered in the name of the Depositary or a nominee of such Depositary, (ii) be delivered to the Note Custodian for such Depositary and (iii) bear such legends as may be required by Appendix A hereto. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary or the Note Custodian, or under the Global Notes, and the Depositary may be treated by the Company, the Trustee and any Agent as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 10 contracts
Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Blackstone Mortgage Trust, Inc.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The U.S. Global Notes and Offshore Global Notes initially shall (i) be registered in the name of the Depositary for such Global Notes or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.02. Members of, or participants in, the Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the such Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner holder of any Note.
Appears in 8 contracts
Samples: Jsce Inc, Indenture (Us Xchange LLC), Indenture (Aon Corp)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the any Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 7 contracts
Samples: Indenture (Eschelon Telecom Inc), Indenture (Nationsrent Companies Inc), Indenture, (Nationsrent Companies Inc)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Senior Note.
Appears in 7 contracts
Samples: Execution (Mariner Health Care Inc), Indenture (Mariner Post Acute Network Inc), Indenture (Mariner Post Acute Network Inc)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.2. Members of, or participants in, the Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary (or its nominee) or impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner holder of any Note.
Appears in 6 contracts
Samples: Indenture (Wheeling Pittsburgh Steel Corp /De), Wheeling Pittsburgh Steel Corp /De, Wheeling Pittsburgh Corp /De/
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.17 hereof. Members of, or participants in, the Depositary Depository (“ParticipantsAgent Members”) ), and any other Person who holds a beneficial interest in a Global Note through an Agent Member (an “Indirect Participant”), shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary or the Note Custodian, Depository or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members or Indirect Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any NoteHolder.
Appears in 6 contracts
Samples: Indenture (CNH Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 5 contracts
Samples: Indenture (Westinghouse Air Brake Technologies Corp), Trinity Marine Products, Inc., Tanner Chemicals Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Common Depositary or a the nominee of such Common Depositary, (ii) be delivered to the Note Custodian for such Common Depositary and (iii) if applicable, bear such legends as may be required by Appendix A hereto. the legend set forth in Exhibit B. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Common Depositary or the Note Custodian, or under the such Global NotesNote, and the Common Depositary may be treated by the CompanyIssuers, the Trustee and any Agent agent of the 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 Company Issuers, the Trustee or any agent of the Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 5 contracts
Samples: Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Supplemental Indenture (MPT Operating Partnership, L.P.), Supplemental Indenture (MPT Operating Partnership, L.P.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the any Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 4 contracts
Samples: Indenture, (Broadview Networks Holdings Inc), Indenture (Dune Energy Inc), Indenture, (BRPP LLC)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.02, as applicable. Members of, or participants in, the Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the any Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 4 contracts
Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the Global Notes shall (i) be registered in the name of the Depositary or a nominee of such Depositary, (ii) be delivered to the Note Custodian for such Depositary and (iii) bear such legends as may be required by Appendix A hereto. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary or the Note Custodian, or under the Global Notes, and the Depositary may be treated by the CompanyIssuers, the Trustee and any Agent as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 4 contracts
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A heretothe Global Note Legend. Members of, or participants in, the Depositary Depository (“Participants”) shall have no rights under this the Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 3 contracts
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Common Depositary or a the nominee of such Common Depositary, (ii) be delivered to the Note Custodian for such Common Depositary and (iii) if applicable, bear such legends as may be required by Appendix A hereto. the legend set forth in Exhibit B. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Common Depositary or the Note Custodian, or under the Global NotesNote, and the Common Depositary may be treated by the CompanyIssuers, the Trustee and any Agent agent of the Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company Issuers, the Trustee or any agent of the Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 3 contracts
Samples: First Supplemental Indenture (MPT Operating Partnership, L.P.), Eighth Supplemental Indenture (MPT Operating Partnership, L.P.), Eleventh Supplemental Indenture (MPT Operating Partnership, L.P.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in EXHIBIT B. Members of, or participants in, the Depositary Depository (“Participants”"PARTICIPANTS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the CompanyCasella, the Trustee and any Agent agent of Casella or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent Casella, the Company Trustee or any agent of Casella or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 3 contracts
Samples: Supplemental Indenture (Northern Sanitation Inc), Casella Waste Systems Inc, Kti Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in EXHIBIT C. Members of, or participants in, the Depositary Depository (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 3 contracts
Samples: Indenture (Perry-Judds Inc), Indenture (Garden State Newspapers Inc), Garden State Newspapers Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the Each Global Notes Note initially shall (i) be registered in the name of the Depositary for such Global Note or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 202. Members of, or participants in, the Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner holder of any Note.
Appears in 3 contracts
Samples: Primus Telecommunications Group Inc, Primus Telecommunications Group Inc, Primus Telecommunications Group Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the Each Global Notes Note initially shall (i) be registered in the name of the Depositary for such global Note or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 202. Members of, or participants in, the Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 3 contracts
Samples: Indenture (Colortyme Inc), Paragon Health Network Inc, Details Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.17 hereof. Members of, or participants in, the Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary or the Note Custodian, or under the Global NotesNote, and the Depositary may be treated by the CompanyIssuer, the Trustee and any Agent 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 Company 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 Depositary or impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any NoteHolder.
Appears in 3 contracts
Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in EXHIBIT B. Members of, or participants in, the Depositary Depository (“Participants”"PARTICIPANTS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Polymer Group Inc, Polymer Group Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such Depositarythe Depository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary the Depository and (iii) bear such legends as may be required by Appendix A heretoset forth in Exhibit C-2. Members of, or participants in, the Depositary Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the any Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: McLeodUSA Holdings Inc, McLeodusa Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of in a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Indenture (Icf Kaiser International Inc), Systems Applications International Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Indenture (Young Broadcasting Inc /De/), Indenture (Alestra)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary 26 and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.02(a). Members of, or participants in, the Depositary (“Participants”Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner holder of any Note.
Appears in 2 contracts
Samples: Indenture (Nii Holdings Cayman LTD), Indenture (Nii Holdings Inc)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Davita Inc, Davita Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Indenture (Integrated Energy Technologies Inc), Indenture (Huntsman Packaging Corp)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the A Global Notes Note initially shall (i) be registered in the name of the Depositary for such Global Note or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.02. Members of, or participants in, the Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent of the 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 Company, the Trustee or any Agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner holder of any Note.
Appears in 2 contracts
Samples: Indenture (Scotsman Industries Inc), Scotsman Industries Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required reasonably requested by Appendix A heretothe Depository. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Indenture (Reeves Industries Inc /De/), Indenture (Reeves Inc)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such Depositarythe Depository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary the Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the any Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Indenture, (Kratos Defense & Security Solutions, Inc.), Indenture, (Boston Gear LLC)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the CompanyCasella, the Trustee and any Agent agent of Casella or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent Casella, the Company Trustee or any agent of Casella or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Intercreditor Agreement (Casella Waste Systems Inc), Casella Waste Systems Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. --------- Members of, or participants in, the Depositary Depository (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Cambridge Industries Inc /De, Armstrong Containers Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Western Digital Corp, WD Media, LLC
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Indenture (Phonetel Technologies Inc), Phonetel Technologies Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such Depositarythe Depository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary the Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the any Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Indenture, (Kratos Defense & Security Solutions, Inc.), Intercreditor Agreement (Green Field Energy Services, Inc.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. Members of, or participants in, the Depositary (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 2 contracts
Samples: Activant Solutions Inc /De/, Cooperative Computing Inc /De/
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.15. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global Notes, and the Depositary Depository may be treated by the Company, the Trustee and any Agent of the 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 Company, the Trustee or any Agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Indenture (Penhall Co)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such Depositarythe Depository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary the Depository and (iii) bear such legends as may be required by Appendix A heretoset forth in Exhibit B, as applicable. Members of, or participants in, the Depositary Depository (“Participants”"PARTICIPANTS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Navios Maritime Holdings Inc.
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends the legend as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Pierce Leahy Corp
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A heretoset forth in Exhibit B, as applicable. Members of, or participants in, the Depositary Depository (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Poindexter J B & Co Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.15. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global Notes, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner holder of any Note.
Appears in 1 contract
Samples: Eye Care Centers of America Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Pasta Group L L C
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in EXHIBIT B. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Indenture (Best Built Inc)
Book-Entry Provisions for Global Notes. (aA) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such the Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such the Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.17. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Millipore Corp /Ma
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Officer’s Certificate or as provided in 2.15(b) below, the Global Notes shall (i) be registered in the name of the Depositary or a nominee of such Depositary, (ii) be delivered to the Note Custodian for such Depositary and (iii) bear such legends as may be required by Appendix A hereto. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary or the Note Custodian, or under the Global Notes, and the Depositary may shall be treated by the Company, the Trustee and any Agent as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in EXHIBIT C. Members of, or participants in, the Depositary Depository (“Participants”"AGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the any Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Mortons Restaurant Group Inc
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends the legend as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trust- ee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Pierce Leahy Corp
Book-Entry Provisions for Global Notes. (aA) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: McRaes Stores Partnership
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the Global Notes shall (i) be registered in the name of the Depositary or a nominee of such Depositary, (ii) be delivered to the Note Custodian for such Depositary and (iii) bear such legends as may be required by Appendix A hereto. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary or the Note Custodian, or under the Global Notes, and the Depositary may shall be treated by the Company, the Trustee and any Agent as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Indenture (Rithm Capital Corp.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary for such Global Notes or a the nominee of such Depositary, (ii) be delivered to the Note Custodian for such Trustee as Common Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.02. Members of, or participants in, the Depositary (“Participants”"AGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as Common Depositary, or under the such Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner holder of any Note.
Appears in 1 contract
Samples: Carrier1 International S A
Book-Entry Provisions for Global Notes. (ab) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the Global Notes shall (i) be registered in the name of the Depositary or a nominee of such Depositary, (ii) be delivered to the Note Custodian for such Depositary and (iii) bear such legends as may be required by Appendix A hereto. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary or the Note Custodian, or under the Global Notes, and the Depositary may be treated by the CompanyIssuers, the Trustee and any Agent as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.17. Members of, or participants in, the Depositary (“Participants”"PARTICIPANTS") shall have no rights under this Indenture with respect to any Global Note Notes held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global Notes, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any NoteHolder.
Appears in 1 contract
Samples: Lecroy Corp
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Trustee as Custodian for such Depositary and (iii) bear such legends as may be required by Appendix A heretothe legend set forth in Section 2.14 hereof. Members of, or participants in, Participants in the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note Trustee as its Custodian, or under the Global Notes, and the Depositary may be treated by the Company, the Trustee and any Agent representative of the 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 Company, the Trustee or any Representative of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Indenture (Sunbeam Corp/Fl/)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered Registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: International Shipholding Corp
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A heretoset forth in Section 2.15. Members of, or participants in, the Depositary Depository (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note Notes held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global Notes, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or holder of a beneficial owner of interest in any Global Note.
Appears in 1 contract
Samples: HCC Industries International
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The -------------------------------------- Global Notes shall (i) be registered in the name of the Depositary for such Global Notes or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) prior to the Registration bear such legends as may be required by Appendix A heretoset forth in the second paragraph of Section 2.02. Members of, or participants in, the Depositary (“Participants”"Agent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner holder of any Note.
Appears in 1 contract
Samples: Comple Tel Europe Nv
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary Depository or a the nominee of such DepositaryDepository, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary Depository and (iii) bear such legends as may be required by Appendix A hereto. set forth in Exhibit H. Members of, or participants in, the Depositary Depository (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note CustodianTrustee as its custodian, or under the Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Indenture (Federal Mogul Corp)
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the Each Global Notes Note initially shall (i) be registered in the name of the Depositary Depository for such Global Note or a the nominee of such Depositary, Depository and (ii) be delivered to the Note Trustee as the initial Notes Custodian for such Depositary and (iii) bear such legends as Depository. Beneficial interests in Global Notes may be required by Appendix A hereto. Members of, held indirectly through members of or participants in, in ("Agent Members") the Depositary Depository (“Participants”) including Clearstream Banking and Euroclear in the case of the Regulation S Global Note). Agent Members shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depository, or the Note Trustee as Notes Custodian, or under the such Global NotesNote, and the Depositary Depository may be treated by the Company, the Trustee and any Agent agent of the 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 Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or shall impair, as between the Depositary Depository and its ParticipantsAgent Members, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the The Global Notes initially shall (i) be registered in the name of the Depositary or a the nominee of such Depositary, (ii) be delivered to the Note Custodian Trustee as custodian for such Depositary and (iii) bear such the legends relating to the Global Notes as may be required by Appendix A hereto. set forth in Exhibit B. Members of, or participants in, the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or the Note CustodianTrustee as its custodian, or under the any Global NotesNote, and the Depositary may be treated by the CompanyCo-Issuers, the Trustee and any Agent agent of the Co-Issuers or the Trustee as the absolute owner of the any Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company Co-Issuers, the Trustee or any agent of the Co-Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Participants, the operation of Depositary’s customary procedures practices governing the exercise of the rights of a Holder or beneficial owner of any Note.
Appears in 1 contract
Samples: Universal City Florida Holding Co. I
