Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 40 contracts
Samples: Indenture (Revlon Consumer Products Corp), Asset Purchase Agreement (Wix Filtration Media Specialists, Inc.), Indenture (Westborn Service Center, Inc.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 27 contracts
Samples: Supplemental Indenture (Transocean Ltd.), Indenture (Affinia Group Intermediate Holdings Inc.), Security Agreement (Transocean Ltd.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 20 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Expedia Group, Inc.), Indenture (Expedia, Inc.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 19 contracts
Samples: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Terex Corp)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the DepositoryNotes Custodian. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository Notes Custodian or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 18 contracts
Samples: Indenture (Transdigm Inc), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 15 contracts
Samples: Indenture (Chesapeake Royalty LLC), Indenture (MidCon Compression LP), Indenture (Chesapeake Energy Corp)
Book-Entry Provisions. This Section 2.1(b2.2(c) shall apply only to a Global Security Securities deposited with or on behalf of the Depository. The Company Each of the Issuer and Co-Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b2.2(c), authenticate and deliver initially one or more Global Securities that (a) shall be (i) registered in the name of the nominee of the Depository for such Global Security or Global Securities or the nominee of such Depository and (bii) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee Trustee’s agent as custodian for the Depository. Agent Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee Trustee, as the custodian of for the Depository or under such the Global Security, and the CompanyDepository may be treated by the Issuer, the Trustee Co-Issuer, the Trustee, and any agent of the Company Issuer, the Co-Issuer or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee Co-Issuer, the Trustee, or any agent of the Company Issuer, the Co-Issuer or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Security.
Appears in 9 contracts
Samples: Arbor Realty (Arbor Realty Trust Inc), Interest Rate Cap Agreement (Arbor Realty Trust Inc), Arbor Realty (Arbor Realty Trust Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 8 contracts
Samples: Dollar Securities Indenture (Gutbusters Pty LTD), Securities Indenture (Gutbusters Pty LTD), Ixc Communications Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 8 contracts
Samples: Indenture (Hess Midstream LP), Indenture (Hess Midstream Partners LP), Supplemental Indenture (Infosat Communications LP)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 8 contracts
Samples: Indenture (Chesapeake Orc LLC), Indenture (Sap Acquisition LLC), Indenture (Chesapeake Orc LLC)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and upon receipt of a Company Order the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such the Depository and (b) shall be delivered by the Trustee to such the Depository or pursuant to such the Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder Holder of a beneficial interest in any Global SecurityNote.
Appears in 8 contracts
Samples: Indenture (HomeStreet, Inc.), Indenture (Southwestern Energy Co), Indenture (Ellington Financial LLC)
Book-Entry Provisions. This Section 2.1(b2.1(c) shall apply only to a Global Security Notes deposited with or on behalf of the DepositoryDepositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b2.1(c), authenticate and deliver initially one or more Global Securities Notes that (ai) shall be registered in the name of the Depository Depositary for such Global Security Note or Global Securities Notes or the nominee of such Depository Depositary and (bii) shall be delivered by the Trustee to such Depository Depositary or pursuant to such Depository's Depositary’s instructions or held by the Trustee as custodian for the DepositoryCustodian. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Custodian or under such Global SecurityNote, and the CompanyDepositary may be treated by the Issuer, 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global SecurityNote.
Appears in 6 contracts
Samples: Supplemental Indenture (Alcoa Corp), Indenture (Alcoa Inc.), Supplemental Indenture (Alcoa Corp)
Book-Entry Provisions. This Section 2.1(b2.1(c) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)2.1(c) and pursuant to an order of the Company, authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such the Depository and (b) shall be delivered by the Trustee to such the Depository or pursuant to such instructions of the Depository's instructions , or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository Securities Custodian or under such Global SecurityNote, and the Depository 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such the Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 6 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 6 contracts
Samples: Indenture (Tabletop Holdings Inc), Indenture (Loral Space & Communications Inc.), Indenture (Merisant Foreign Holdings I Inc)
Book-Entry Provisions. This Section 2.1(b) 2.04 shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)2.04, authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such Depository's Depositary’s instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Supplemental Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository Depositary as the absolute owner of such Global 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 6 contracts
Samples: Guaranty Agreement (Usg Corp), Guaranty Agreement (Usg Corp), Guaranty Agreement (Usg Corp)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a any Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (ai) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository the Depositary and (bii) shall be delivered by the Trustee to such Depository the Depositary or pursuant to such Depositorythe Depositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository the Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 5 contracts
Samples: Purchase Agreement (Kapson Senior Quarters Corp), Diagnostic Retrieval Systems Inc, Lomak Petroleum Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 5 contracts
Samples: United Surgical Partners International Inc, Medical Documenting Systems Inc, Koll Donald M
Book-Entry Provisions. This Section 2.1(b2.3(c) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)2.3(c) and pursuant to an order of the Company, authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("Agent Members") Participants shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 5 contracts
Samples: Hormel Foods Corp /De/, Office Depot Inc, Office Depot Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 5 contracts
Samples: Supplemental Indenture (Group 1 Automotive Inc), Indenture (Xto Energy Inc), Glatfelter P H Co
Book-Entry Provisions. This Section 2.1(b2.01(c) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.01(c), authenticate and deliver initially one or more Global Securities that (ai) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (bii) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 5 contracts
Samples: Indenture (Transcontinental Gas Pipe Line Corp), Supplemental Indenture (R&b Falcon Corp), R&b Falcon Corp
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 5 contracts
Samples: Indenture (Hess Midstream Partners LP), Indenture (Vistancia Marketing, LLC), Supplemental Indenture (Shea Homes Limited Partnership)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such Depository's Depositary’s instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, and the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee shall be entitled to treat the Depository Depositary as the absolute owner of such Global 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 4 contracts
Samples: Indenture (Service Corporation International), Supplemental Indenture (Service Corporation International), Eleventh Supplemental Indenture (Service Corporation International)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (ai) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (bii) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") Participants shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 4 contracts
Samples: Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)) and pursuant to an order of the Company, authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 4 contracts
Samples: Merger Agreement (Amc Entertainment Inc), Merger Agreement (Marquee Holdings Inc.), Merger Agreement (Amc Entertainment Inc)
Book-Entry Provisions. This Section 2.1(b2.01(c) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.01(c), authenticate and deliver initially one or more Global Securities that (ai) shall initially be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (bii) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository in ("Agent Members"), the Depositary (including Euroclear and Clearstream) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 4 contracts
Samples: Indenture (Southern Natural Gas Co), Indenture (Southern Natural Gas Co), Anr Pipeline Co
Book-Entry Provisions. This Section 2.1(b) shall apply only to a ---------------------- Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 4 contracts
Samples: Indenture (Fs Equity Partners Iii Lp), Blum Capital Partners Lp, Morrison Knudsen Corp//
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 4 contracts
Samples: Supplemental Indenture (Accuride Corp), Indenture (Bristow Group Inc), Indenture (Sun Healthcare Group Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company AK Steel shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and the CompanyDepository may be treated by AK Steel, the Trustee and any agent of the Company AK Steel or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyAK Steel, the Trustee or any agent of the Company AK Steel or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 3 contracts
Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, and the CompanyDepositary may be treated by the Issuers, 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 3 contracts
Samples: Indenture (Globalstar Capital Corp), Indenture (Globalstar Telecommunications LTD), Tia Indenture (Cherokee International Finance Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 3 contracts
Samples: Supplemental Indenture (Commercial Vehicle Group, Inc.), Intercreditor Agreement (Rotech Healthcare Inc), Intercreditor Agreement (Rotech Healthcare Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 2 contracts
Samples: Indenture (Telesat Holdings Inc.), Indenture (Telesat Canada)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 2 contracts
Samples: Indenture (Cincinnati Bell Inc), Finlay Enterprises Inc /De
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Samples: Indenture (Phillips Van Heusen Corp /De/), Phillips Van Heusen Corp /De/
Book-Entry Provisions. This Upon the request of a holder made pursuant to Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of ), the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.1(c), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security Depositary or Global Securities or the nominee of such Depository the Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian Custodian for the DepositoryDepositary pursuant to a FAST Balance Certificate Agreement between the Depositary and the Trustee. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian Custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)2.2 and pursuant to an order of the Company, authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Samples: Indenture (Evenflo Co Inc), Corning Consumer Products Co
Book-Entry Provisions. This Section 2.1(b) shall apply only to a --------------------- Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Samples: Prestolite Electric Inc, Marson Creative Fastener Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate certify and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such Depository's Depositary’s instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, and the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee shall be entitled to treat the Depository Depositary as the absolute owner of such Global 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Molson Coors Brewing Co), First Supplemental Indenture (Molson Coors Brewing Co)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such Depository's Depositary’s instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository Depositary as the absolute owner of such Global 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Samples: Indenture (Chesapeake Energy Corp), Chesapeake Louisiana Lp
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)) and pursuant to an order from the Company, authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Samples: Indenture (Dominion Resources Inc /Va/), Indenture (Consolidated Natural Gas Co/Va)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Samples: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company Issuers shall execute and upon receipt of an Issuers' Order the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such the Depository and (b) shall be delivered by the Trustee to such the Depository or pursuant to such the Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder Holder of a beneficial interest in any Global SecurityNote.
Appears in 2 contracts
Samples: Indenture (Ellington Financial Inc.), Indenture (Ellington Financial LLC)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by 90 EXHIBIT 4.1 the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 2 contracts
Samples: Indenture (Aqua Chem Inc), Indenture (Aqua Chem Inc)
Book-Entry Provisions. This Section 2.1(b2.01(c) shall apply only to a the Global Security Note deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.01(c), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository Depositary for such Global Security Note or Global Securities Notes or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global SecurityNote, 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Akamai Technologies Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more two Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b2.01(b) shall apply only to a the Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.01(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and the CompanyDepository may be treated by the Issuers, 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Chiles Magellan LLC
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Table of ContentsTable of Contents effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Indenture (Transocean Ltd.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.Note. Table of Contents
Appears in 1 contract
Samples: Indenture (Cincinnati Bell Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, and the CompanyDepositary may be treated by the Issuers, 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 Security 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 102 4 authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Indenture (Globalstar Capital Corp)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a --------------------- Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this the Debenture Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Wec Co
Book-Entry Provisions. This Section 2.1(b2.14(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.14(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (ai) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (bii) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Indenture (MBS Multimode Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such Depository's Depositarys instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)) and pursuant to an order of the Company, authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository Depositary for such Global Security Note or Global Securities Notes or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryCustodian. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Custodian or under such Global SecurityNote, 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Wesco International Inc
Book-Entry Provisions. This Section 2.1(b2.1(c) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)2.1(c) and pursuant to an order of the Company, authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such the Depository and (b) shall be delivered by the Trustee to such the Depository or pursuant to such instructions of the Depository's instructions , or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such the Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Amc Entertainment Holdings, Inc.
Book-Entry Provisions. This Section 2.1(b2.01(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.01(b), authenticate and deliver initially one or more Global Securities that (a) shall be (i) registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (bii) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Bond deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Bonds that (a) shall be registered in the name of the Depository for such Global Security Bond or Global Securities Bonds or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. A-1 Members of, or participants Participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Bond held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityBond, and 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 Security Bond 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityBond.
Appears in 1 contract
Samples: Indenture (Transocean Ltd.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, and the Depositary may be treated by the Company, the Subsidiary Guarantors, the Trustee and any agent of the Company Company, the Subsidiary Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Indenture (Mediq Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. 91 4 Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Budget Group Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a the --------------------- Rule 144A Global Security Note and the Regulation S Global Note deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more the Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security or Global Securities Depositary or the nominee of such Depository the Depositary and (b) shall be delivered by the Trustee to such Depository the Depositary or pursuant to such Depositorythe Depositary's instructions or held by the Trustee as custodian Custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights either under this Indenture with respect to any Global Security Note held on their behalf by the Depository Depositary or by the Trustee as Custodian for the custodian of the Depository Depositary or under such Global SecurityNote, 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: P Com Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and upon receipt of a Company Order the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such the Depository and (b) shall be delivered by the Trustee to such the Depository or pursuant to such the Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder Holder of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Indenture (Kaiser Aluminum Corp)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants Participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Company, the Trustee and any agent A-1 of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depository, the Securities Custodian or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Winstar Communications Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a --------------------- Global Security deposited with or on behalf of the Depository. The Company AK Steel shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall ------------- have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the CompanyDepository may be treated by AK Steel, the Trustee and any agent of the Company AK Steel or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyAK Steel, the Trustee or any agent of the Company AK Steel or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Indenture (Ak Steel Corp)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and the Depository 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Indenture (Cd Radio Inc)
Book-Entry Provisions. This Section 2.1(b2.01(b) shall apply only to a the Rule 144A Global Security Note and the Regulation S Permanent Global Note deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.01(b), authenticate and deliver initially one or more the Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security or Global Securities Depositary or the nominee of such Depository the Depositary and (b) shall be delivered by the Trustee to such Depository the Depositary or pursuant to such Depositorythe Depositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights either under this Indenture with respect to any Global Security Note held on their behalf by the Depository Depositary or by the Trustee as custodian for the custodian of the Depository Depositary or under such Global SecurityNote, 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, and the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee shall be entitled to treat the Depository Depositary as the absolute owner of such Global 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Molson Coors Brewing Co
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of 109 5 such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Indenture (Fairchild Semiconductor International Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.01(b), authenticate and deliver initially one or more the Global Securities Debentures, if any, that (ai) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such the Depository and (bii) shall be delivered by the Trustee to such the Depository or pursuant to such the Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") Participants shall have no rights either under this Indenture with respect to any Global Security Debenture held on their behalf by the Depository or by the Trustee Debenture Custodian as the custodian of for the Depository or under such Global SecurityDebenture, and the Depository may be treated by the Company, the Trustee and any agent Agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Security Debenture for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent Agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices of such Depository governing the exercise of the rights of a holder an owner of a beneficial interest in any Global SecurityDebenture.
Appears in 1 contract
Samples: Greyhound Lines Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Bond deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Bonds that (a) shall be registered in the name of the Depository for such Global Security Bond or Global Securities Bonds or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants Participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Bond held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityBond, and 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 Security Bond 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityBond.
Appears in 1 contract
Samples: Indenture (Transocean Ltd.)
Book-Entry Provisions. This Section 2.1(b2.3(c) shall apply only to a --------------------- Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)2.3(c) and pursuant to an order of the Company, authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("Agent Members") Participants shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Consol Energy Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Rule 144A Global Security Notes and the Regulation S Global Notes deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more the Global Securities Notes that (ai) shall be registered in the name of the Depository for such Global Security or Global Securities Depositary or the nominee of such Depository the Depositary and (bii) shall be delivered by the Trustee to such Depository the Depositary or pursuant to such Depositorythe Depositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights either under this Indenture with respect to any Global Security Note held on their behalf by the Depository Depositary or by the Trustee as custodian for the custodian of the Depository Depositary or under such Global SecurityNote, 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Incyte Pharmaceuticals Inc
Book-Entry Provisions. This Section 2.1(b2.1(d) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.1(d), authenticate and deliver initially one or more Global Securities that (ai) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (bii) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)) and Section 2.2, authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee 84 of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)) and Section 2.2, authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository Securities Custodian or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Intercompany Note Guarantee Agreement (Ucar International Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Bond deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Bonds that (a) shall be registered in the name of the Depository for such Global Security Bond or Global Securities Bonds or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants Participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Bond held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityBond, and 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 Security Bond 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityBond.
Appears in 1 contract
Samples: Indenture (Transocean Ltd.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, and the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository Depositary as the absolute owner of such Global 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b2.01(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b2.01(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Sirius Satellite Radio Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants Participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as A-1 A-1 the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Indenture (Transocean Ltd.)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.. (c)
Appears in 1 contract
Samples: Menasco Aerosystems Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the DepositoryDepositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository Depositary for such Global Security Note or Global Securities Notes or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such Depository's Depositary’s instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security Note held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global SecurityNote, and the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee shall be entitled to treat the Depository Depositary as the absolute owner of such Global Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Associated Materials, LLC
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of 106 98 such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: EnergySolutions, Inc.
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository for such Global Security Note or Global Securities Notes or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global SecurityNote, and 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 Security 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 App.-2 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Indenture (Medic Systems Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security Note deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities Notes that (a) shall be registered in the name of the Depository Depositary for such Global Security Note or Global Securities Notes or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global SecurityNote, 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global SecurityNote.
Appears in 1 contract
Samples: Indenture (Purina Mills Inc)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Hexcel Corp /De/
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (ai) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (bii) shall be delivered by the Trustee to such the Depository or pursuant to such the Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such Depository's Depositary’s instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this the Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, and the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository Depositary as the absolute owner of such Global 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
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Samples: Indenture (Noble Corp)
Book-Entry Provisions. This Section 2.1(b) shall apply only to a ---------------------- Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the Depository. 144 Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and the Depository 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 Security for all purposes whatsoever. Notwithstanding Notwith standing 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: 21st Century Telecom Group Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
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Samples: Commscope Inc
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Securities Trustee to such Depository or pursuant to such Depository's instructions or held by the Trustee as custodian for the DepositorySecurities Custodian. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
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Book-Entry Provisions. This Section 2.1(b2.01(d) shall apply only to a Rule 000X Xxxxxx Xxxxxxxxxx and the Regulation S Permanent Global Security Debentures deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b)2.01(d) and Section 2.02, authenticate and deliver initially one or more the Global Securities Debentures that (ai) shall be registered in the name of the Depository for such Global Security or Global Securities Depositary or the nominee of such Depository the Depositary and (bii) shall be delivered by the Trustee to such Depository the Depositary or pursuant to such Depositorythe Depositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Agent Members of, or participants in, the Depository ("Agent Members") shall have no rights either under this Indenture with respect to any Global Security Debenture held on their behalf by the Depository Depositary or by the Trustee as custodian for the custodian of the Depository Depositary or under such Global SecurityDebenture, 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 Security Debenture 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global SecurityDebenture.
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Book-Entry Provisions. This Section 2.1(b) shall apply --------------------- only to a Global Security deposited with or on behalf of the DepositoryDepositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or the nominee of such Depository Depositary and (b) shall be delivered by the Trustee to such Depository Depositary or pursuant to such DepositoryDepositary's instructions or held by the Trustee as custodian for the DepositoryDepositary. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this the Notes Indenture with respect to any Global Security held on their behalf by the Depository Depositary or by the Trustee as the custodian of the Depository Depositary or under such Global Security, 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 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices of such Depository Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Wec Co
Book-Entry Provisions. This Section 2.1(b) shall apply only to a Global Security deposited with or on behalf of the Depository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Securities that (a) shall be registered in the name of the Depository for such Global Security or Global Securities or the nominee of such Depository and (b) shall be delivered by the Trustee to such Depository or pursuant to such Depository's ’s instructions or held by the Trustee as custodian for the Depository. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository or by the Trustee as the custodian of the Depository or under such Global Security, and 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 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices of such Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Security.
Appears in 1 contract
Samples: Indenture (Transocean Ltd.)
