Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 37 contracts
Sources: Supplemental Indenture (Hewlett Packard Enterprise Co), Thirty Second Supplemental Indenture (Hewlett Packard Enterprise Co), Supplemental Indenture (Hewlett Packard Enterprise Co)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 27 contracts
Sources: Indenture (EquipmentShare.com Inc), Indenture (EquipmentShare.com Inc), Indenture (EquipmentShare.com Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 16 contracts
Sources: Indenture (E.W. SCRIPPS Co), Indenture (Gray Media, Inc), Indenture (Gray Media, Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryNotes. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the such Depositary or by the Trustee as Custodian Custodian, or under such Global Note, and the such Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 14 contracts
Sources: Indenture (Howard Hughes Holdings Inc.), Indenture (Howard Hughes Holdings Inc.), Indenture (Millrose Properties, Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 14 contracts
Sources: Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC), Senior Indenture (United Rentals Highway Technologies Gulf, LLC), Senior Secured Indenture (United Rentals North America Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 13 contracts
Sources: Senior Notes Indenture (Mativ Holdings, Inc.), Senior Notes Indenture (WeWork Inc.), Master Senior Secured Notes Note Purchase Agreement (WeWork Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(f) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee or an authentication agent shall, in accordance with this Section 2.1(c2.1(f) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuers signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary DTC (“Agent Members”’) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary DTC or impair, as between the Depositary DTC and its their respective Agent Members, the operation of customary practices of such Depositary thereof governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 13 contracts
Sources: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuers signed by one authorized officer Officer of the Companyeach Issuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 11 contracts
Sources: Indenture (Compass, Inc.), Indenture (Compass, Inc.), Indenture (Compass, Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer, the Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Guarantors, the Trustee or any agent of the Company Issuer, the Guarantors 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 11 contracts
Sources: Indenture (Affinion Group, Inc.), Indenture (Hexion Inc.), Indenture (Affinion Group, Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 10 contracts
Sources: Indenture (NCR Corp), Indenture (NCR Corp), Indenture (NCR Corp)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, in the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 9 contracts
Sources: Indenture (Crocs, Inc.), Indenture (Crocs, Inc.), Indenture (Energizer Holdings, Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 9 contracts
Sources: Senior Notes Indenture (Hanesbrands Inc.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 9 contracts
Sources: Indenture (Pierson Industries Inc), Indenture (Uniplast Industries Co), Indenture (Land O Lakes Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, in the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 7 contracts
Sources: Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Sealy International, Inc.), Ninth Supplemental Indenture (Westlake Chemical Corp)
Book-Entry Provisions. This Section 2.1(c2.1(d) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(d) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 7 contracts
Sources: Indenture (Lionsgate Studios Holding Corp.), Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 6 contracts
Sources: Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Base Indenture and pursuant to a Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 6 contracts
Sources: Fourth Supplemental Indenture (GE HealthCare Technologies Inc.), Third Supplemental Indenture (GE HealthCare Technologies Inc.), Second Supplemental Indenture (GE HealthCare Technologies Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 3.01 or Section 3.03, as applicable, of the Indenture and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note. The registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Agent Members and Persons that may hold interests through Agent Members, to take any action which a Holder is entitled to take under this Indenture or the Notes.
Appears in 6 contracts
Sources: Senior Secured Notes Indenture (Diversified Healthcare Trust), Senior Secured Notes Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers, the Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Guarantors, the Trustee or any agent of the Company Issuers, the Guarantors 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 5 contracts
Sources: Indenture (Momentive Specialty Chemicals Inc.), Indenture (Hexion Specialty Chemicals, Inc.), Indenture (Hexion Specialty Chemicals, Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the U.S. Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company), authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the U.S. Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the U.S. Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the U.S. Trustee as the Custodian or under such Global Note, and the Depositary may be treated by the Company, the U.S. Trustee and any agent of the Company or the U.S. Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the U.S. Trustee or any agent of the Company or the U.S. Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.
Appears in 5 contracts
Sources: Indenture (Open Text Corp), Indenture (Open Text Corp), Indenture (Open Text Corp)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a the Global Note Notes deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more the Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes Depository or the nominee of such Depositary the Depository and (ii) shall be delivered by the Trustee to such Depositary the Depository or pursuant to such Depositary’s the Depository's instructions or held by the Trustee as Note Custodian. Agent Members of, or participants in, the Depositary (“Agent Members”) shall have no rights either under the this Indenture with respect to any Global Note Notes held on their behalf by the Depositary Depository or by the Trustee as Note Custodian or under such Global NoteNotes, 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 such 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 Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder an owner of a beneficial interest in any the Global NoteNotes.
Appears in 5 contracts
Sources: First Supplemental Indenture (Adelphia Communications Corp), Third Supplemental Indenture (Adelphia Communications Corp), Fourth Supplemental Indenture (Adelphia Communications Corp)
Book-Entry Provisions. (a) This Section 2.1(c) Clause 6 shall apply only to a Global Note deposited with or on behalf of, and registered in the name of a nominee of, the Depositary. The Company shall execute and the Trustee Fiscal Agent shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the CompanyClause 6, authenticate and deliver initially one or more the Global Notes that Note, which (i) shall be registered in the nominee name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee Fiscal Agent to such Depositary or pursuant to such Depositary’s 's instructions or held by a security custodian appointed by the Trustee as Custodian. Depositary.
(b) Members of, or participants in, the Depositary Euroclear and/or Clearstream (“Agent Members”) shall have no rights under the Indenture this Agreement with respect to any Global Note held on their behalf of Euroclear and Clearstream (the Clearing Systems) by the Depositary or by the Trustee as Custodian its custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee Fiscal Agent and any agent of the Company or the Trustee Fiscal Agent shall be entitled to treat the Depositary or its nominee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee Fiscal Agent or any agent of the Company or the Trustee Fiscal Agent from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary Clearing Systems and its their Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 5 contracts
Sources: Fiscal and Paying Agency Agreement (ManpowerGroup Inc.), Fiscal and Paying Agency Agreement, Fiscal and Paying Agency Agreement (ManpowerGroup Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a the Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more the Global Notes that Note, which (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such the Depositary and (ii) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Agent Members of, or participants in, the Depositary (“Agent Members”) shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian custodian for the Depositary or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.
Appears in 5 contracts
Sources: Indenture (Neenah Foundry Co), Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order signed by one authorized officer of the Companyan Authentication Order, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.
Appears in 5 contracts
Sources: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)
Book-Entry Provisions. This Section 2.1(c2.02(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. Depository.
(i) The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.02(c), authenticate and deliver initially one or more Global Notes that (iA) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iiB) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodian. custodian for the Depository.
(ii) Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 5 contracts
Sources: Indenture (Match Group, Inc.), Indenture (Iac/Interactivecorp), Indenture (Match Group, Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee Computershare Trust Company, N.A., a national association, as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee Computershare Trust Company, N.A., a national association, as Custodian Custodian, or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 5 contracts
Sources: Indenture (New Gold Inc. /FI), Indenture, Indenture (Ero Copper Corp.)
Book-Entry Provisions. This Section 2.1(c2.01(b) shall apply only to a Rule 144A Global Note Notes and Regulation S Permanent Global Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.01(b), authenticate and deliver initially one or more the Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such the Depositary and (ii) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary (“Agent Members”) Participants shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee Note Custodian as Custodian custodian for the Depositary or under such Global Note, 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 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 Agent MembersParticipants, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (Supermarket Cigarette Sales Inc), Indenture (Jitney Jungle Stores of America Inc /Mi/), Indenture (Musicland Stores Corp)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (Raghsa S.A.), Indenture (Raghsa S.A.), Indenture (Raghsa S.A.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, in the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Book-Entry Provisions. (i) This Section 2.1(c2.01(b) shall apply only to a Global Note Warrant deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee Warrant Agent shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.02, authenticate countersign and deliver initially one or more Global Notes Warrants that (ix) shall be registered in the name of the Depositary Depository for such Global Note Warrant or Global Notes Warrants or the nominee of such Depositary the Depository and (iiy) shall be delivered by the Trustee Warrant Agent to such Depositary the Depository or pursuant to such Depositarythe Depository’s instructions or held by the Trustee Warrant Agent as Custodian. custodian for the Depository.
(ii) Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture this Agreement with respect to any Global Note Warrant held on their behalf by the Depositary Depository or by the Trustee Warrant Agent as Custodian the custodian of the Depository or under such Global NoteWarrant, and the Depositary Depository may be treated by the Company, the Trustee Warrant Agent and any agent of the Company or the Trustee Warrant Agent as the absolute owner of such Global Note Warrant for all purposes whatsoever. Notwithstanding the foregoing, nothing herein in this Agreement shall prevent the Company, the Trustee Warrant Agent or any agent of the Company or the Trustee Warrant Agent 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, the operation of customary practices of such Depositary the Depository governing the exercise of the rights of a holder Holder of a beneficial interest in any Global NoteWarrant.
Appears in 4 contracts
Sources: Warrant Agreement (Alion Science & Technology Corp), Warrant Agreement (Alion - BMH CORP), Warrant Agreement (Washington Consulting, Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Base Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Ninth Supplemental Indenture (Kraft Heinz Co), Eighth Supplemental Indenture (Kraft Heinz Co), Fourth Supplemental Indenture (Kraft Heinz Co)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryNotes. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the CompanyIssuers, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the such Depositary or by the Trustee as Custodian Custodian, or under such Global Note, and the such Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (Five Point Holdings, LLC), Indenture (Five Point Holdings, LLC), Indenture (Five Point Holdings, LLC)
Book-Entry Provisions. This Section 2.1(c2.02(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. Depository.
(i) The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.02(c), authenticate and deliver initially one or more Global Notes of each series that (iA) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iiB) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodian. custodian for the Depository.
(ii) Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (ER Marks, Inc.), Indenture (ER Marks, Inc.), Indenture (QVC Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee Trustee, upon receipt of a written order of the Company in the form of an Officers’ Certificate, shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note Security 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 4 contracts
Sources: Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Notes deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, upon receipt of a Company Order, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Supplemental Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of 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 Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Fifth Supplemental Indenture (LGI Homes, Inc.), Fourth Supplemental Indenture (LGI Homes, Inc.), Third Supplemental Indenture (LGI Homes, Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Companyan Issuer Order, authenticate and deliver make available for delivery initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 4 contracts
Sources: First Supplemental Indenture (Golden State Holdings Inc), Fourth Supplemental Indenture (Golden State Holdings Inc), Third Supplemental Indenture (Golden State Holdings Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 4 contracts
Sources: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order signed by one authorized officer of the Companyan Authentication Order, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp), Senior Secured Notes Indenture (CIMPRESS PLC)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Partnership shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order an order of the Partnership signed by one authorized officer Officer of the CompanyPartnership, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyPartnership, the Trustee and any agent of the Company Partnership or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyPartnership, the Trustee or any agent of the Company Partnership 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 4 contracts
Sources: Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC), Indenture (Boise Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (Lumen Technologies, Inc.), Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (PT Indosat TBK), Indenture (PT Indosat TBK), Indenture (P T Indosat TBK)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 4 contracts
Sources: Indenture (Tesla, Inc.), Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)
Book-Entry Provisions. This Section 2.1(c2.02(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. Depository.
(i) The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.02(c), authenticate and deliver initially one or more Global Notes that (iA) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iiB) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodian. custodian for the Depository.
(ii) Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 3 contracts
Sources: Indenture (Trilogy International Partners Inc.), Indenture (Trilogy International Partners Inc.), Indenture (Starz, LLC)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee or its Authenticating Agent shall, in accordance with this Section 2.1(c) and Section 303 of the Base Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 3 contracts
Sources: Fifth Supplemental Indenture (Kraft Heinz Co), Second Supplemental Indenture (Kraft Heinz Co), First Supplemental Indenture (Kraft Heinz Co)
Book-Entry Provisions. This Section 2.1(c2.01(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.01(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer written order of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Cede & Co. or Global Notes or the other nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as CustodianCustodian for the Depositary pursuant to a FAST Balance Certificate Agreement between the Depositary and the Trustee. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as the Custodian for the Depositary or under such Global NoteSecurity, and the Depositary or its nominee, as the case may be, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 3 contracts
Sources: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 3 contracts
Sources: Indenture (Domus Holdings Corp), Indenture (Domus Holdings Corp), Indenture (Realogy Corp)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuer signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 3 contracts
Sources: Indenture (Western Digital Corp), Indenture (Western Digital Corp), Indenture
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as CustodianNotes Custodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer, the Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Guarantors, the Trustee or any agent of the Company Issuer, the Guarantors 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 the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 3 contracts
Sources: Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company Order signed by one authorized officer of the Companyan Officer’s Certificate, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.
Appears in 3 contracts
Sources: First Supplemental Indenture (Syneos Health, Inc.), Second Supplemental Indenture (Charles River Laboratories International, Inc.), First Supplemental Indenture (Charles River Laboratories International Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 3 contracts
Sources: Fifteenth Supplemental Indenture (Standard Pacific Corp /De/), Supplemental Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a ---------------------- Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 3 contracts
Sources: Indenture (Advance Auto Parts Inc), Indenture (Commercial Aggregates Transportation & Sales LLC), Indenture (Kansas City Southern Industries Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Common Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A and pursuant to a Company Order an order of the Issuer signed by one authorized officer a management board member A and management board member B, or a duly appointed attorney, of the CompanyIssuer or, in the case of Additional Notes, a person or persons authorized to represent the Issuer pursuant to its articles of association or other organizational documents, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Common Depositary for such Global Note or Global Notes or the nominee of such Common Depositary and (ii) shall be delivered by the Trustee to such Common Depositary or pursuant to such Common Depositary’s instructions or held by the Trustee as Custodianinstructions. Members of, or participants in, the Depositary Euroclear and/or Clearstream (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Common Depositary or by the Trustee as Custodian its nominee or under such Global Note, and the Common Depositary or its nominee, as applicable, may be treated by the CompanyIssuer, each Guarantor, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, each Guarantor, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Common Depositary or impair, as between the Depositary Euroclear and/or Clearstream and its their Agent Members, the operation of customary practices of such Depositary Euroclear and/or Clearstream governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Senior Notes Indenture (Darling Ingredients Inc.), Senior Notes Indenture (Darling Ingredients Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary or its nominee, as Holder, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note Security 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 its nominee, as Holder, or impair, solely as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 2 contracts
Sources: Indenture (Riverwood Holding Inc), Indenture (Riverwood Holding Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Universal Health Services Inc), Indenture (Universal Health Services Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Qnity Electronics, Inc.), Indenture (Qnity Electronics, Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company), authenticate and deliver initially one or more the Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such the Depositary and (ii) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee as Note Custodian. Members of, or participants in, the Depositary (“Agent Members”) Participants shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee Note Custodian as Custodian custodian for the Depositary or under such Global Note, 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 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 Agent MembersParticipants, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Harperprints Inc), Indenture (R&b Falcon Corp)
Book-Entry Provisions. This Section 2.1(c2.02(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository or the Global Note Custodian, as applicable. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.02(c) and Section 303 of the Indenture and pursuant to a written order of the Company Order signed by one authorized officer of the Companyor more Officers, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository or Global Note Custodian, as applicable for such Global Note or Global Notes or the nominee of such Depositary Depository or Global Note Custodian and (iib) shall be delivered by the Trustee to such Depositary Depository or Global Note Custodian or pursuant to such DepositaryDepository’s or Global Note Custodian’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository or the Global Note Custodian, as applicable (“Agent Members”) ), shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or the Global Note Custodian, as applicable, or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository or the Global Note Custodian, as applicable, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.purposes
Appears in 2 contracts
Sources: Indenture (Otelco Inc.), Indenture (Otelco Telecommunications LLC)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 2 contracts
Sources: Indenture (Level 3 Communications Inc), Indenture (Canadian Forest Oil LTD)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Senior Notes Indenture (Neogen Corp), Senior Notes Indenture (Garden SpinCo Corp)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Common Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order an order of the Issuer signed by one authorized officer an Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Common Depositary for such Global Note or Global Notes or the nominee of such Common Depositary and (ii) shall be delivered by the Trustee to such Common Depositary or pursuant to such Common Depositary’s instructions or held by the Trustee as Custodianinstructions. Members of, or participants in, the Depositary Euroclear or Clearstream (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Common Depositary or by the Trustee as Custodian its nominee or under such Global Note, and the Common Depositary or its nominee, as applicable, may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Common Depositary or impair, as between the Depositary Euroclear or Clearstream and its their Agent Members, the operation of customary practices of such Depositary Euroclear or Clearstream governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: First Supplemental Indenture (DIEBOLD NIXDORF, Inc), Senior Secured Notes Indenture (DIEBOLD NIXDORF, Inc)
Book-Entry Provisions. This Section 2.1(c2. 1 (b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1 (b), authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or in the name of the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (ii) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note Security 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 2 contracts
Sources: Indenture (Petroquest Energy Inc), Indenture (Petroquest Energy Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company an Authentication Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Matthews International Corp), Indenture (Matthews International Corp)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the CompanyIssuers, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee Trustee, as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee Trustee, as Custodian Custodian, or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Alliance Holdings GP, L.P.), Indenture (Alliance Resource Partners Lp)
Book-Entry Provisions. This Section 2.1(c) 2.02 shall apply only to a Global Note Notes deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, upon receipt of a Company Order, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.01(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of 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 Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Dream Finders Homes, Inc.), Indenture (Dream Finders Homes, Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company an Authentication Order of the Issuer signed by one authorized officer of the Companyan Officer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Graftech International LTD), Indenture (Graftech International LTD)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.3 of the Base Indenture and pursuant to a an order of the Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Supplemental Indenture (Tiffany & Co), Supplemental Indenture (Tiffany & Co)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order an order of the Issuers signed by one authorized officer an Officer of the Companyeach Issuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Senior Secured Second Lien Notes Indenture (Talos Energy Inc.), Senior Secured Second Lien Notes Indenture (EnVen Energy Corp)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or in the name of the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc)
Book-Entry Provisions. This Section 2.1(c2.01(d) shall apply only to a Global Note deposited with or on behalf of the Depositary. Depository.
(i) The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.01(d), authenticate and deliver initially one or more Global Notes that (iA) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iiB) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodian. custodian for the Depository.
(ii) Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Westmoreland Energy LLC), Indenture (WESTMORELAND COAL Co)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company Company, the Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, the Trustee or any agent of the Company Company, the Guarantors 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Panolam Industries International Inc), Indenture (Metals USA Plates & Shapes Southcentral, Inc.)
Book-Entry Provisions. This Section 2.1(c2.2(b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.2(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Magellan Health Services Inc), Indenture (Magellan Health Services Inc)
Book-Entry Provisions. (i) This Section 2.1(c2.01(b) shall apply only to a Global Note Warrant deposited with or on behalf of the Depositary. The Company shall execute and the Trustee Warrant Agent shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.02, authenticate countersign and deliver initially one or more Global Notes Warrants that (ia) shall be registered in the name of the Depositary for such Global Note Warrant or Global Notes Warrants or the nominee of such the Depositary and (iib) shall be delivered by the Trustee Warrant Agent to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee Warrant Agent as Custodian. custodian for the Depositary.
(ii) Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the Indenture this Agreement with respect to any Global Note Warrant held on their behalf by the Depositary or by the Trustee Warrant Agent as Custodian the custodian of the Depositary or under such Global NoteWarrant, and the Depositary may be treated by the Company, the Trustee Warrant Agent and any agent of the Company or the Trustee Warrant Agent as the absolute owner of such Global Note Warrant for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee Warrant Agent or any agent of the Company or the Trustee Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such the Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteWarrant.
Appears in 2 contracts
Sources: Warrant Agreement (Intersil Corp), Warrant Agreement (Mediq Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Base Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Third Supplemental Indenture (Coterra Energy Inc.), Second Supplemental Indenture (Coterra Energy Inc.)
Book-Entry Provisions. This Section 2.1(c2.01(c) shall apply only to a the Regulation S Global Note and the Rule 144A Global Note issued in the form of one or more permanent Global Notes (collectively, the "Global Notes") deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.01(c), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Peregrine Systems Inc), Indenture (Peregrine Systems Inc)
Book-Entry Provisions. This Section Paragraph 2.1(c) shall apply only to a Global Exchange Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section Paragraph 2.1(c) and Section 303 of the Indenture Paragraph 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companyofficer, authenticate and deliver initially one or more Global Notes Exchange Note that (i) shall be registered in the name of the Depositary for such Global Exchange Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Exchange Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Exchange Note, 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 such Global Exchange 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Exchange Note.
Appears in 2 contracts
Sources: Indenture (Broadwing Inc), Indenture (Broadwing Communications Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1 (c) and Section 303 of the Indenture 2.2 and pursuant to a Company an Authentication Order of the Issuer signed by one authorized officer of the Companyan Officer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Graftech International LTD), Indenture (Graftech International LTD)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a --------------------- Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, 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 such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 2 contracts
Sources: Indenture (Tritel Finance Inc), Supplemental Indenture (Ace LTD)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, in the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Energizer Holdings, Inc.), Indenture (Energizer Holdings, Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Guarantors, the Trustee and any agent of the Company Company, the Guarantors, or the Trustee as the absolute owner of such Global Note Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, the Trustee or any agent of the Company Company, the Guarantors, 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 2 contracts
Sources: Indenture (Navigator Gas Iom I-E LTD), Indenture (Navigator Gas Iom I-E LTD)
Book-Entry Provisions. This Section 2.1(c2.01(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.01(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer written order of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Cede & Co. or Global Notes or the other nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as CustodianCustodian for the Depositary pursuant to a FAST Balance Certificate Agreement between the Depositary and the Trustee. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as the Custodian of the Depositary or under such Global NoteSecurity, and the Depositary or its nominee, as the case may be, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note Security 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 2 contracts
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a the Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more the Global Notes that Notes, which (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such the Depositary and (ii) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Agent Members of, or participants in, the Depositary (“Agent Members”) shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian custodian for the Depositary or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Mmi Products Inc), Indenture (Mmi Products Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuers, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (x) prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or (y) impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 2 contracts
Sources: Indenture (Jones Apparel Group Inc), Indenture (Jones Apparel Group Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the this Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Supplemental Indenture (Kraft Foods Inc), Supplemental Indenture (Kraft Foods Group, Inc.)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute and sole owner of such Global Note Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.
Appears in 2 contracts
Sources: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)
Book-Entry Provisions. (i) This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. .
(ii) The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Base Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (iA) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary Depositary, and (iiB) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. .
(iii) Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Second Supplemental Indenture (Hp Inc), First Supplemental Indenture (Hp Inc)
Book-Entry Provisions. This Section 2.1(c2.1(d) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(d) and Section 303 of the this Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Supplemental Indenture (Kraft Foods Group, Inc.), Supplemental Indenture (Kraft Foods Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Notes deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company), authenticate and deliver initially one or more the Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes Depository or the nominee of such Depositary the Depository and (ii) shall be delivered by the Trustee to such Depositary the Depository or pursuant to such Depositary’s the Depository's instructions or held by the Trustee as Senior Note Custodian. Members of, or participants in, the Depositary (“Agent Members”) Participants shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee Senior Note Custodian as Custodian custodian for the Depository or under such Global Note, 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 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 Agent MembersParticipants, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Grey Wolf Inc), Indenture (Hvide Marine Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a the Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more the Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such the Depositary and (ii) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Agent Members of, or participants in, the Depositary (“Agent Members”) shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian custodian for the Depositary or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.
Appears in 2 contracts
Sources: Indenture (Keystone Consolidated Industries Inc), Indenture (Keystone Consolidated Industries Inc)
Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.
Appears in 1 contract
Sources: Indenture (Qwest Corp)
Book-Entry Provisions. This Section 2.1(c1.2(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c1.2(c) and Section 303 of the Indenture 1.3 and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (ii) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian or under such Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 1 contract
Sources: Senior Secured Notes Indenture (Postmedia Network Canada Corp.)
Book-Entry Provisions. This Section 2.1(c2.02(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. Depository.
(i) The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.02(c), authenticate and deliver initially one or more Global Notes that (iA) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iiB) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodian. custodian for the Depository.
(ii) Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer 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, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company Order signed by one authorized officer of the Companyan Officer’s Certificate, authenticate and deliver initially one or more 2029 Global Notes and 2031 Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.
Appears in 1 contract
Sources: First Supplemental Indenture (Charles River Laboratories International, Inc.)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a the Regulation S Global Note and the Restricted Global Note (the "Global Notes") deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, 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 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 Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 1 contract
Sources: Indenture (Tv Filme Inc)
Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryCustodian. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary Custodian for such Global Note or Global Notes or the nominee of such Depositary Custodian and (ii) shall be delivered by the Trustee to such Depositary Custodian or pursuant to such DepositaryCustodian’s instructions or held by the Trustee as Custodianinstructions. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary Custodian or its nominee may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Custodian or its Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.
Appears in 1 contract