DTC Registration. Upon the request of a holder of a Subordinated Note that is a Qualified Institutional Buyers as defined in Rule 144A of the Securities Act (each, a “QIB”) and provided that the applicable depository eligibility requirements are met, the Company shall use commercially reasonable efforts to cause the Subordinated Notes held by such QIB to be registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”) or a nominee of DTC; provided, however, that the Company shall not be obligated to incur more than $5,000 in fees and expenses in connection with the registration of the Subordinated Note as contemplated by this section. For the avoidance of doubt, such limitation shall not apply to fees incurred in connection with the engagement and retention of a paying agent.
Appears in 2 contracts
Sources: Subordinated Note Purchase Agreement (Central Federal Corp), Subordinated Note Purchase Agreement (Patriot National Bancorp Inc)