Common use of Notes in Global Form Clause in Contracts

Notes in Global Form. The Notes shall be issued initially in permanent global form as Depository Securities. The Notes will be deposited on behalf of the purchasers of the Notes with the Securities Custodian and registered in the name of Cede & Co. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Indenture with respect to any Depository Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Depository Security, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Depository 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 Depositary nor impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Depository Security.