Common use of Securities Issuable in the Form of a Global Security Clause in Contracts

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein.”

Appears in 37 contracts

Samples: Indenture (Digihost Technology Inc.), Indenture (Handschy Holdings, LLC), Indenture (Bitfarms LTD)

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Securities Issuable in the Form of a Global Security. (a) If the Company Issuers shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company Issuers shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company Issuers shall specify in a Company Orderan Officers’ Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the DepositoryDepositary’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transferUNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, exchangeA NEW YORK CORPORATION (“DTC”), or paymentNEW YORK, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository NEW YORK, TO THE ISSUERS OR THEIR AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the DepositoryAND ANY PAYMENT IS MADE TO CEDE & CO., OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. TRANSFERS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO NOMINEES OF DTC OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR’S NOMINEE AND TRANSFERS OF PORTIONS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS MADE IN ACCORDANCE WITH THE RESTRICTIONS SET FORTH IN THE INDENTURE REFERRED TO HEREIN.” or such other legend as may then be required by the registered owner hereof, the nominee of the Depository, has an interest hereinDepositary for such Global Security or Securities.

Appears in 17 contracts

Samples: Indenture (Trust Energy Company, LLC), Indenture (Eagle Rock Mid-Continent Holding, LLC), Indenture (USAC Leasing 2, LLC)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Orderan Officers' Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the Depository’s Depositary's instruction and (iv) shall bear a legend substantially to the following effect: "Unless and until it is exchanged in whole or in part for the individual Debt Securities represented hereby, this certificate is presented Global Security may not be transferred except as a whole by an authorized representative of the Depository Depositary to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the a nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the a nominee of the Depository Depositary to the Depositary or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the another nominee of the DepositoryDepositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary", has an interest hereinor such other legend as may then be required by the Depositary for such Global Security or Securities.

Appears in 11 contracts

Samples: Indenture (Swift Energy Co), Indenture (Swift Energy Co), Indenture (Chieftain International Inc)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Orderan Officers’ Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the DepositoryDepositary’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transferUNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, exchangeA NEW YORK CORPORATION (“DTC”), or paymentNEW YORK, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository NEW YORK, TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the DepositoryAND ANY PAYMENT IS MADE TO CEDE & CO., OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. TRANSFERS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO NOMINEES OF DTC OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR’S NOMINEE AND TRANSFERS OF PORTIONS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS MADE IN ACCORDANCE WITH THE RESTRICTIONS SET FORTH IN THE INDENTURE REFERRED TO HEREIN.” or such other legend as may then be required by the registered owner hereof, the nominee of the Depository, has an interest hereinDepositary for such Global Security or Securities.

Appears in 8 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Orderan Officers’ Certificate of the Company, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the DepositoryDepositary’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository effect (and any payment is made to the nominee of the Depository or to such other entity effect as is requested may be required by an authorized representative of the DepositoryDepositary): UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), NEW YORK, NEW YORK, TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO., OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC) ANY TRANSFER, PLEDGE, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereofINASMUCH AS THE REGISTERED OWNER HEREOF, the nominee of the DepositoryCEDE & CO., has an interest hereinHAS AN INTEREST HEREIN. TRANSFERS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO NOMINEES OF DTC OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR’S NOMINEE AND TRANSFERS OF PORTIONS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS MADE IN ACCORDANCE WITH THE RESTRICTIONS SET FORTH IN THE INDENTURE REFERRED TO ON THE REVERSE HEREOF.

Appears in 7 contracts

Samples: Zion Oil & Gas Inc, Chesapeake Energy Marketing Inc, Zion Oil & Gas Inc

Securities Issuable in the Form of a Global Security. (a) If the Company Partnership shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company Partnership shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company Partnership shall specify in a Company Orderan Officers’ Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the DepositoryDepositary’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transferUNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, exchangeA NEW YORK CORPORATION (“DTC”), or paymentNEW YORK, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository NEW YORK, TO THE PARTNERSHIP OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the DepositoryAND ANY PAYMENT IS MADE TO CEDE & CO., OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. TRANSFERS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO NOMINEES OF DTC OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR’S NOMINEE AND TRANSFERS OF PORTIONS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS MADE IN ACCORDANCE WITH THE RESTRICTIONS SET FORTH IN THE INDENTURE REFERRED TO HEREIN,” or such other legend as may then be required by the registered owner hereof, the nominee of the Depository, has an interest hereinDepositary for such Global Security or Securities.

Appears in 7 contracts

Samples: Indenture (Sunoco Logistics Partners Operations Lp), Indenture (Spectra Energy Partners, LP), Indenture (EnLink Midstream Partners, LP)

Securities Issuable in the Form of a Global Security. (a) If the Company Issuers shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then each of the Company Issuers shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company Issuers shall specify in a Company Orderan Officers’ Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the DepositoryDepositary’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transferUNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, exchangeA NEW YORK CORPORATION (“DTC”), or paymentNEW YORK, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository NEW YORK, TO THE ISSUERS OR THEIR AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the DepositoryAND ANY PAYMENT IS MADE TO CEDE & CO., OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. TRANSFERS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS IN WHOLE, BUT NOT IN PART, TO NOMINEES OF DTC OR TO A SUCCESSOR THEREOF OR SUCH SUCCESSOR’S NOMINEE AND TRANSFERS OF PORTIONS OF THIS GLOBAL SECURITY SHALL BE LIMITED TO TRANSFERS MADE IN ACCORDANCE WITH THE RESTRICTIONS SET FORTH IN THE INDENTURE REFERRED TO HEREIN.” or such other legend as may then be required by the registered owner hereof, the nominee of the Depository, has an interest hereinDepositary for such Global Security or Securities.

Appears in 7 contracts

Samples: Indenture (Hep Slc, LLC), Indenture (HEP Refining Assets, L.P.), Indenture (Hep Slc, LLC)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 2.1 and 3.01 2.3 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 2.4 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, deliver such Global Security or Global Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Global Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Global Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s 's instruction and (iv) shall bear a legend substantially to the following effect: "Unless this certificate is presented by an authorized representative of the Depository to Issuer the Company or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein."

Appears in 5 contracts

Samples: Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and Section 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities as Registered Securities or Unregistered Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, such deliver a Global Security or Securities, Securities which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the DepositoryDepositary’s instruction instruction, and (iv) shall bear a legend (in addition to any legend as may be required by the Depositary) substantially to the following effect: “Unless this certificate is presented by an authorized representative Except as otherwise provided in Section 2.05 of the Depository Indenture, this Security may be transferred, in whole but not in part, only to Issuer or its agent for registration a nominee of transfer, exchangethe Depositary, or paymentby a nominee of the Depositary to the Depositary, or to a successor Depositary or to a nominee of such successor Depositary.” Each Depositary designated pursuant to Section 3.01 for a Global Security that is a Registered Security must, at the time of its designation and at all times while it serves as Depositary, be a clearing agency registered under the Securities Exchange Act of 1934, as amended, and any certificate issued is registered in the name of the nominee of the Depository other applicable statute or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest hereinregulation.

Appears in 5 contracts

Samples: Indenture (Bok Financial Corp Et Al), Subordinated Notes Indenture (First Midwest Bancorp Inc), Indenture (Bok Financial Corp Et Al)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Orderan Officer's Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the Depository’s Depositary's instruction and (iv) shall bear a legend substantially to the following effect: 'Unless and until it is exchanged in whole or in part for the individual Debt Securities represented hereby, this certificate is presented Global Security may not be transferred except as a whole by an authorized representative of the Depository Depositary to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the a nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the a nominee of the Depository Depositary to the Depositary or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the another nominee of the DepositoryDepositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary', has an interest hereinor such other legend as may then be required by the Depositary for such Global Security or Securities.

Appears in 4 contracts

Samples: Meridian Industrial Trust Inc, Pioneer Natural Resources Co, Snyder Oil Corp

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s 's instruction and (iv) shall bear a legend substantially to the following effect: "Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein."

Appears in 4 contracts

Samples: HIVE Digital Technologies Ltd., HIVE Blockchain Technologies Ltd., HIVE Digital Technologies Ltd.

Securities Issuable in the Form of a Global Security. (a) If the Company Issuer shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company Issuer shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company Issuer shall specify in a Company Orderan Officers' Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the Depository’s Depositary's instruction and (iv) shall bear a legend substantially to the following effect: "Unless and until it is exchanged in whole or in part for the individual Debt Securities represented hereby, this certificate is presented Global Security may not be transferred except as a whole by an authorized representative of the Depository Depositary to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the a nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the a nominee of the Depository Depositary to the Depositary or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the another nominee of the DepositoryDepositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary", has an interest hereinor such other legend as may then be required by the Depositary for such Global Security or Securities.

Appears in 4 contracts

Samples: MarkWest New Mexico LP, MarkWest New Mexico LP, H&r Block Inc

Securities Issuable in the Form of a Global Security. (a) If the Company Partnership shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company Partnership shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company Partnership shall specify in a Company Orderan Officers' Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the Depository’s Depositary's instruction and (iv) shall conspicuously bear a legend substantially to the following effect: "Unless and until it is exchanged in whole or in part for the individual Debt Securities represented hereby, this certificate is presented Global Security may not be transferred except as a whole by an authorized representative of the Depository Depositary to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the a nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the a nominee of the Depository Depositary to the Depositary or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the another nominee of the DepositoryDepositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary", has an interest herein.”or such other legend as may then be required by the Depositary for such Global Security or Securities. Notwithstanding any other provision of this Section 2.15 or of Section 2.07 to the contrary, and subject to the provisions of the next following paragraph of this Section 2.15 (and all of its clauses), it unless the terms of a Global Security expressly permit such Global Security to be exchanged in whole or in part for definitive Debt Securities in registered form, a Global Security may be transferred, in whole but not in part and in the manner provided in Section 2.07, only by the Depositary to a nominee of the Depositary for such Global Security, or by a nominee of the Depositary to the Depositary or another nominee of the Depositary, or by the Depositary or a nominee of the Depositary to a successor Depositary for such Global Security selected or approved by the Partnership, or to a nominee of such successor Depositary. The second paragraph of this Section 2.15 shall be subject to the following clauses (i) through (v) (inclusive):

Appears in 2 contracts

Samples: Kaneb Pipe Line Operating Partnership Lp, Kaneb Pipe Line Operating Partnership Lp

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its an agent thereof shall, in accordance with Section 3.03 2.2 and the written order of the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, deliver such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, of the Outstanding outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a written order of the Company Ordersigned by two Officers, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the Depository’s Depositary's instruction and (iv) shall bear a legend substantially to the following effect: "Unless and until it is exchanged in whole or in part for securities in definitive form, this security may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. Unless this certificate is presented by an authorized representative of the Depository Depositary to Issuer the Company or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository Depositary (and any payment is made to the nominee of the Depository Depositary or to such other entity as is requested by an authorized representative of the DepositoryDepositary), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the DepositoryDepositary, has an interest herein."

Appears in 2 contracts

Samples: Indenture (Integrated Health Services Inc), Integrated Health Services (Integrated Health Services Inc)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its an agent thereof shall, in accordance with Section 3.03 2.2 and the written order of the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, deliver such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a written order of the Company Ordersigned by two Officers, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the Depository’s Depositary's instruction and (iv) shall bear a legend substantially to the following effect: "Unless and until it is exchanged in whole or in part for securities in definitive form, this security may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. Unless this certificate is presented by an authorized representative of the Depository Depositary to Issuer the Company or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository Depositary (and any payment is made to the nominee of the Depository Depositary or to such other entity as is requested by an authorized representative of the DepositoryDepositary), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the DepositoryDepositary, has an interest herein."

Appears in 2 contracts

Samples: Supplemental Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 202 and 3.01 301 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 303 and the Company Order delivered to the Trustee or its agent thereunderpursuant to such Section 303, authenticate and deliver, such Global Security or Global Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Global Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Global Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the DepositoryDepositary’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository Depositary to Issuer the Company or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository Depositary (and any payment is made to the nominee of the Depository Depositary or to such other entity as is requested by an authorized representative of the DepositoryDepositary), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the DepositoryDepositary, has an interest herein.”

Appears in 2 contracts

Samples: COLORADO INTERSTATE ISSUING Corp, COLORADO INTERSTATE ISSUING Corp

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 Section 2.5 hereof that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 2.5 hereof and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, deliver such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, and shall have the Outstanding same terms as, the outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s 's instruction and (iv) shall bear a legend substantially to the following effect: "This Security is a Global Security registered in the name of the Depository (referred to herein) or a nominee thereof and, unless and until it is exchanged in whole or in part for the individual Securities represented hereby, this Global Security may not be transferred except as a whole by the Depository to a nominee of the Depository or by a nominee of the Depository to the Depository or another nominee of the Depository or by the Depository or any such nominee to a successor Depository or a nominee of such successor Depository. Unless this certificate Global Security is presented by an authorized representative of The Depository Trust Company (00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx), to the Depository to Issuer or its agent trustee for registration of transfer, exchange, exchange or payment, and any certificate issued is registered in the name of the nominee of the Depository Cede & Co. or in such other name as is requested by an authorized representative of the The Depository (Trust Company and any payment is made to the nominee of the Depository Cede & Co., any transfer, pledge or other use hereof for value or otherwise by or to such other entity as any person is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as wrongful since the registered owner hereof, the nominee of the DepositoryCede & Co., has an interest herein" or such other legend as may be required by the rules and regulations of the Depository.

Appears in 1 contract

Samples: Indenture (Northern States Power Co /Wi/)

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Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a 11 Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein.”

Appears in 1 contract

Samples: Dana Holding Corp

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein.

Appears in 1 contract

Samples: Indenture (Graphic Packaging Holding Co)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s 's instruction and (iv) shall bear a legend substantially to the following effect: "Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein." 16

Appears in 1 contract

Samples: Wendy (Wendy's/Arby's Group, Inc.)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliverhold in custody on behalf of the Depository, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein.”

Appears in 1 contract

Samples: Gulfstream Aerospace Corp

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 Section 2.5 hereof that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 2.5 hereof and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, deliver such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, and shall have the Outstanding same terms as, the outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s instruction and (iv) shall bear a legend substantially to the following effect: “This Security is a Global Security registered in the name of the Depository (referred to herein) or a nominee thereof and, unless and until it is exchanged in whole or in part for the individual Securities represented hereby, this Global Security may not be transferred except as a whole by the Depository to a nominee of the Depository or by a nominee of the Depository to the Depository or another nominee of the Depository or by the Depository or any such nominee to a successor Depository or a nominee of such successor Depository. Unless this certificate Global Security is presented by an authorized representative of The Depository Trust Company (00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx), to the Depository to Issuer or its agent trustee for registration of transfer, exchange, exchange or payment, and any certificate issued is registered in the name of the nominee of the Depository Cede & Co. or in such other name as is requested by an authorized representative of the The Depository (Trust Company and any payment is made to the nominee of the Depository Cede & Co., any transfer, pledge or other use hereof for value or otherwise by or to such other entity as any Person is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as wrongful since the registered owner hereof, the nominee of the DepositoryCede & Co., has an interest herein” or such other legend as may be required by the rules and regulations of the Depository.

Appears in 1 contract

Samples: Xcel Energy Inc

Securities Issuable in the Form of a Global Security. (a) If the Company Partnership shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company Partnership shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or 20 Subordinated Indenture Securities, or such portion thereof as the Company Partnership shall specify in a Company Orderan Officers' Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the Depository’s Depositary's instruction and (iv) shall conspicuously bear a legend substantially to the following effect: "Unless and until it is exchanged in whole or in part for the individual Debt Securities represented hereby, this certificate is presented Global Security may not be transferred except as a whole by an authorized representative of the Depository Depositary to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the a nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the a nominee of the Depository Depositary to the Depositary or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the another nominee of the DepositoryDepositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary", has an interest herein.”or such other legend as may then be required by the Depositary for such Global Security or Securities. Notwithstanding any other provision of this Section 2.15 or of Section 2.07 to the contrary, and subject to the provisions of the next following paragraph of this Section 2.15 (and all of its clauses), it unless the terms of a Global Security expressly permit such Global Security to be exchanged in whole or in part for definitive Debt Securities in registered form, a Global Security may be transferred, in whole but not in part and in the manner provided in Section 2.07, only by the Depositary to a nominee of the Depositary for such Global Security, or by a nominee of the Depositary to the Depositary or another nominee of the Depositary, or by the Depositary or a nominee of the Depositary to a successor Depositary for such Global Security selected or approved by the Partnership, or to a nominee of such successor Depositary. The second paragraph of this Section 2.15 shall be subject to the following clauses (i) through (v) (inclusive):

Appears in 1 contract

Samples: Kaneb Pipe Line Operating Partnership Lp

Securities Issuable in the Form of a Global Security. (a) If the Company Partnership shall establish pursuant to Sections 2.02 2.01 and 3.01 2.03 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company Partnership shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder2.05, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company Partnership shall specify in a Company Orderan Officers’ Certificate, (ii) shall be registered in the name of the Depository Depositary for such Global Security or Securities securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository Depositary or pursuant to the DepositoryDepositary’s instruction and (iv) shall conspicuously bear a legend substantially to the following effect: “Unless and until it is exchanged in whole or in part for the individual Debt Securities represented hereby, this certificate is presented Global Security may not be transferred except as a whole by an authorized representative of the Depository Depositary to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the a nominee of the Depository Depositary or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the a nominee of the Depository Depositary to the Depositary or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the another nominee of the DepositoryDepositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary”, has an interest herein.”or such other legend as may then be required by the Depositary for such Global Security or Securities. Notwithstanding any other provision of this Section 2.15 or of Section 2.07 to the contrary, and subject to the provisions of the next following paragraph of this Section 2.15 (and all of its clauses), it unless the terms of a Global Security expressly permit such Global Security to be exchanged in whole or in part for definitive Debt Securities in registered form, a Global Security may be transferred, in whole but not in part and in the manner provided in Section 2.07, only by the Depositary to a nominee of the Depositary for such Global Security, or by a nominee of the Depositary to the Depositary or another nominee of the Depositary, or by the Depositary or a nominee of the Depositary to a successor Depositary for such Global Security selected or approved by the Partnership, or to a nominee of such successor Depositary. The second paragraph of this Section 2.15 shall be subject to the following clauses (i) through (v) (inclusive):

Appears in 1 contract

Samples: Indenture (Valero L P)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and Section 3.01 that the Securities of a particular series are to be issued in whole or in part in as a Global Security, then, notwithstanding clause (8) of Section 3.01 and the form provisions of one or more Global SecuritiesSection 3.02, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, such deliver the Global Security or SecuritiesSecurity, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, of such of the Outstanding Securities of such series as shall be specified therein and may provide that it shall represent the aggregate amount of Outstanding Securities from time to time endorsed thereon and that the aggregate amount of Outstanding Securities represented thereby may from time to time be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Orderreduced to reflect exchanges, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative Except as otherwise provided in Section 2.03 of the Depository Indenture, this Security may be transferred, in whole but not in part, only to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the another nominee of the Depository or to a successor Depository or to a nominee of such other entity successor Depository.” Any endorsement of a Security in global form to reflect the amount, or any increase or decrease in the amount, of Outstanding Securities represented thereby shall be made by the Trustee in such manner and upon instructions given by such Person or Persons as is requested shall be specified therein or in the Company Order to be delivered to the Trustee pursuant to Section 3.03 or Section 3.04. Subject to the provisions of Section 3.03 and, if applicable, Section 3.04, the Trustee shall deliver and redeliver any Security in permanent global form in the manner and upon instructions given by the Person or Persons specified therein or in the applicable Company Order. If a Company Order pursuant to Section 3.03 or 3.04 has been, or simultaneously is, delivered, any instructions by the Company with respect to endorsement or delivery or redelivery of a Security in global form shall be in writing but need not comply with Section 1.02 and need not be accompanied by an authorized representative Opinion of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest hereinCounsel.

Appears in 1 contract

Samples: Indenture (Ford Motor Credit Co LLC)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 and 3.01 that the Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, such Global Security or Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Securities of such series to be represented by such Global Security or Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment 962368.1 is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein.”

Appears in 1 contract

Samples: Indenture (General Dynamics Corp)

Securities Issuable in the Form of a Global Security. (a) If the Company shall establish pursuant to Sections 2.02 202 and 3.01 301 that the Debt Securities of a particular series are to be issued in whole or in part in the form of one or more Global Securities, then the Company shall execute and the Trustee or its agent shall, in accordance with Section 3.03 303 and the Company Order delivered to the Trustee or its agent thereunder, authenticate and deliver, deliver such Global Security or Global Securities, which (i) shall represent, and shall be denominated in an amount equal to the aggregate principal amount of, the Outstanding Debt Securities of such series to be represented by such Global Security or Global Securities, or such portion thereof as the Company shall specify in a Company Order, (ii) shall be registered in the name of the Depository for such Global Security or Global Securities or its nominee, (iii) shall be delivered by the Trustee or its agent to the Depository or pursuant to the Depository’s instruction and (iv) shall bear a legend substantially to the following effect: “Unless this certificate is presented by an authorized representative of the Depository to Issuer the Company or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of the nominee of the Depository or in such other name as is requested by an authorized representative of the Depository (and any payment is made to the nominee of the Depository or to such other entity as is requested by an authorized representative of the Depository), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, the nominee of the Depository, has an interest herein.

Appears in 1 contract

Samples: First Supplemental Indenture (Loews Corp)

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