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

Certain Matters Relating to Global Notes. Members of or participants in 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 DTC or its nominee, and the 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 DTC or its nominee or impair, as between the DTC and its -29- Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Certain Matters Relating to Global Notes. Members of or participants in 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 DTC or its nominee, and the 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 DTC or its nominee or impair, as between the DTC and its -29- Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.

Certain Matters Relating to Global Notes. Members of or participants in 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 DTC or its nominee, and the 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 DTC or its nominee nomi- -32- nee or impair, as between the DTC and its -29- Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Note.