Common use of Certain Matters Relating to Global Notes Clause in Contracts

Certain Matters Relating to Global Notes. Members of or participants in a Clearing Agency (“Agent Members”) shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Clearing Agency or its nominee, and the Clearing Agency or its nominee may be treated by the Issuer, the Guarantors, the Trustee, the Paying Agent, the Registrar and any agent of the Issuer or the Guarantors as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Guarantors, the Trustee or any agent of the Issuer or the Guarantors from giving effect to any written certification, proxy or other authorization furnished by the Clearing Agency or its nominee or impair, as between the Clearing Agency and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 5 contracts

Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA), Fresenius Medical Care AG & Co. KGaA

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Certain Matters Relating to Global Notes. Members of or participants in a Clearing Agency the DTC (“Agent Members”) shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Clearing Agency DTC or its nominee, and the Clearing Agency DTC or its nominee may be treated by the Issuer, the Guarantors, the Trustee, the Paying Agent, the Registrar and any agent of the Issuer or the Guarantors as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Guarantors, the Trustee or any agent of the Issuer or the Guarantors from giving effect to any written certification, proxy or other authorization furnished by the Clearing Agency DTC or its nominee or impair, as between the Clearing Agency DTC and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 4 contracts

Samples: Fresenius Medical Care AG & Co. KGaA, Fresenius Medical Care AG & Co. KGaA, Indenture (Fresenius Medical Care AG & Co. KGaA)

Certain Matters Relating to Global Notes. Agent Members of or participants in a Clearing Agency (“Agent Members”) shall have no rights under this Indenture or any of the Global Note Notes with respect to any Global Note held on their behalf by the Clearing Agency or its nominee, and the Clearing Agency or its nominee may be treated by the Issuer, the Guarantorsany Guarantor, the Trustee, the Paying Agent, the Registrar Trustee and any agent of the Issuer Issuer, any Guarantor or the Guarantors Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Guarantorsany Guarantor, the Trustee or any agent of the Issuer Issuer, any Guarantor or the Guarantors Trustee from giving effect to any written certification, proxy or other authorization furnished by the Clearing Agency or its nominee or impair, as between the Clearing Agency and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Note. The holder of interest in any Global Note may grant proxies and otherwise authorize any person, including DTC and its Agent Members and persons that may hold interests through Agent Members, to take any action which a holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 3 contracts

Samples: Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.), Central European Media Enterprises LTD

Certain Matters Relating to Global Notes. Members (a) For the avoidance of doubt, members of, or participants in a Clearing Agency in, the Depositary (“Agent Members”) shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Clearing Agency Depositary, or the Trustee as its nomineecustodian, or under the Global Note, and the Clearing Agency or its nominee Depositary for so long as it is Holder may be treated by the IssuerCompany, the GuarantorsGuarantor, the Trustee, the Paying Agent, the Registrar Trustee and any agent of the Issuer Company, the Guarantor or the Guarantors Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the GuarantorsGuarantor, the Trustee or any agent of the Issuer Company or the Guarantors Trustee from giving effect to any written certification, proxy or other authorization furnished by the Clearing Agency or its nominee Depositary or impair, as between the Clearing Agency Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Indenture (Stanley Works)

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Certain Matters Relating to Global Notes. Members (a) For the avoidance of doubt, members of, or participants in a Clearing Agency in, the Depositary ("Agent Members") shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Clearing Agency Depositary, or the Trustee as its nomineecustodian, or under the Global Note, and the Clearing Agency or its nominee Depositary for so long as it is Holder may be treated by the IssuerCompany, the GuarantorsGuarantor, the Trustee, the Paying Agent, the Registrar Trustee and any agent of the Issuer Company, the Guarantor or the Guarantors Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the GuarantorsGuarantor, the Trustee or any agent of the Issuer Company or the Guarantors Trustee from giving effect to any written certification, proxy or other authorization furnished by the Clearing Agency or its nominee Depositary or impair, as between the Clearing Agency Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Appears in 1 contract

Samples: Black & Decker Corp

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