Common use of Certificated Notes Clause in Contracts

Certificated Notes. (a) Any Global Note deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1(b) shall be transferred to the beneficial owners thereof in the form of certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if (i) the Depository notifies the Company that it is unwilling or unable to continue as a depository for such Global Note or if at any time the Depository ceases to be a “clearing agency” registered under the Exchange Act, and a successor depositary is not appointed by the Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture or (iii) the Company, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of certificated Notes under this Indenture.

Appears in 6 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Security Agreement (Amc Entertainment Holdings, Inc.)

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Certificated Notes. (a) Any A Global Note deposited with the Depository Depositary or with the Trustee as Securities Custodian custodian for the Depositary pursuant to Section 2.1(b) 2.1 shall be transferred to the beneficial owners thereof in the form of certificated Notes in an aggregate principal amount at maturity equal to the principal amount at maturity of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as a depository Depositary for such Global Note or if at any time the Depository such Depositary ceases to be a "clearing agency" registered under the Exchange Act, Act and a successor depositary is not appointed by the Company Issuer within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture or (iii) the CompanyIssuer, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of certificated Notes under this Indenture.

Appears in 2 contracts

Samples: Spectrasite Holdings Inc, Spectrasite Holdings Inc

Certificated Notes. (a) Any Global Note deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1(b) shall be transferred to the beneficial owners thereof in the form of certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if (i) the Depository notifies the Company Issuer that it is unwilling or unable to continue as a depository for such Global Note or if at any time the Depository ceases to be a “clearing agency” registered under the Exchange Act, and a successor depositary is not appointed by the Company Issuer within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture or (iii) the CompanyIssuer, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of certificated Notes under this Indenture.

Appears in 1 contract

Samples: Intercreditor Agreement (Amc Entertainment Holdings, Inc.)

Certificated Notes. (a) Any Global Note deposited with the Depository ------------------- Depositary or with the Trustee as Securities Subordinated Note Custodian pursuant to Section 2.1(b) 2.02 shall be transferred to the beneficial owners thereof in the form of certificated Certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.05 and (i) the Depository Company notifies the Company Trustee in writing that it the Depositary is unwilling no longer willing or unable able to continue act as a depository depositary for such Global Note the Notes or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor depositary is not appointed by the Company within 90 days of such noticenotice of cessation, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture or (iii) the Company, in at its sole discretion, option notifies the Trustee in writing that it elects to cause the issuance of certificated Certificated Notes under this Indenture, or (iii) upon the occurrence and continuation of an Event of Default.

Appears in 1 contract

Samples: Envirosource Inc

Certificated Notes. (a) Any A Global Note deposited with the Depository or with the Trustee as Securities Notes Custodian for the Depository pursuant to Section 2.1(b) 2.1 shall be transferred to the beneficial owners thereof in the form of certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Company that it is unwilling or unable to continue as a depository Depository for such Global Note or if at any time the such Depository ceases to be a "clearing agency" registered under the Exchange Act, Act and in either event a successor depositary is not appointed by the Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture and DTC notifies the Trustee of its decision to exchange the Global Notes, or (iii) the Company, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of certificated Notes under this the Indenture.

Appears in 1 contract

Samples: Indenture (Cincinnati Bell Inc)

Certificated Notes. (a) Any A Global Note deposited with the Depository Depositary or with the Trustee as Securities Custodian Trustee pursuant to Section 2.1(b) 2.04 of this Supplemental Indenture shall be transferred to the beneficial owners thereof in the form of certificated Certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 305 and Section 5.02 of this Supplemental Indenture and (i) the Depository Company notifies the Company Trustee that it the Depositary is unwilling no longer willing or unable able to continue act as a depository depositary or clearing system for such Global Note the Notes or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor depositary or clearing system is not appointed by the Company within 90 days of such noticenotice or cessation, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture or (iii) the Company, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of certificated Certificated Notes under this the Indenture, or (iii) upon the occurrence and continuation of an Event of Default.

Appears in 1 contract

Samples: Abacoa Homes Inc

Certificated Notes. (a) Any A Restricted Global Note deposited with the Depository or with the Trustee as Securities Custodian custodian for the Depository pursuant to Section 2.1(b) 2.1 shall be transferred to the beneficial owners thereof in the form of certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Company that it is unwilling or unable to continue as a depository Depository for such Restricted Global Note or if at any time the such Depository ceases to be a "clearing agency" registered under the Exchange ActAct and, and in either case, a successor depositary is not appointed by the Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture and the Depository requests the Trustee or the Company that certificated Notes be issued or (iii) the Company, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of certificated Notes under this Indenture.

Appears in 1 contract

Samples: Indenture (Xto Energy Inc)

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Certificated Notes. (a) Any A Global Note deposited with the Depository Depositary or with the Trustee as Securities Notes Custodian for the Depositary pursuant to Section 2.1(b) 2.1 shall be transferred to the beneficial owners thereof in the form of certificated Definitive Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 hereof and (i) the Depository Depositary notifies the Company Issuers that it is unwilling or unable to continue as a depository Depositary for such Global Note or if at any time the Depository such Depositary ceases to be a “clearing agency” registered under the Exchange ActAct and, and in either case, a successor depositary Depositary is not appointed by the Company Issuers within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture or (iii) the CompanyIssuers, in its their sole discretion, notifies notify the Trustee in writing that it elects they elect to cause the issuance of certificated Definitive Notes under this the Indenture.

Appears in 1 contract

Samples: Associated Materials, LLC

Certificated Notes. (a) Any A Global Note deposited with the Depository Depositary or with the Trustee as Securities Custodian custodian for the Depositary pursuant to Section 2.1(b) 2.1 shall be transferred to the beneficial owners thereof in the form of certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as a depository Depositary for such Global Note or if at any time the Depository such Depositary ceases to be a “clearing agency” "CLEARING AGENCY" registered under the Exchange Act, Act and a successor depositary is not appointed by the Company Issuer within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture or (iii) the CompanyIssuer, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of certificated Notes under this Indenture.

Appears in 1 contract

Samples: Spectrasite Inc

Certificated Notes. (a) Any Global Note deposited with the Depository or with the Trustee as Securities Subordinated Note Custodian pursuant to Section 2.1(b) 2.02 shall be transferred to the beneficial owners thereof in the form of certificated Certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.05 and (i) the Depository Company notifies the Company Trustee in writing that it the Depository is unwilling no longer willing or unable able to continue act as a depository depositary for such Global Note the Notes or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor depositary is not appointed by the Company within 90 days of such noticenotice of cessation, or (ii) a Default or an Event of Default has occurred and is continuing under this Indenture or (iii) the Company, in at its sole discretion, option notifies the Trustee in writing that it elects to cause the issuance of certificated Certificated Notes under this Indenture, or (iii) upon the occurrence and continuation of an Event of Default.

Appears in 1 contract

Samples: Exhibit T3c (Envirosource Inc)

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