Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 34 contracts
Samples: Imperial Eagle Shipping LLC, Nordic American Tanker Shipping LTD, Canyon I Navigation Corp.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 21 contracts
Samples: Indenture (Spirit Airlines, Inc.), Indenture (Trivago N.V.), Indenture (AgroFresh Solutions, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 12 contracts
Samples: Indenture (China North East Petroleum Holdings LTD), Indenture (China North East Petroleum Holdings LTD), Indenture (Advanced Battery Technologies, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 10 contracts
Samples: Indenture (Dime Community Bancshares Inc), Indenture (First Guaranty Bancshares, Inc.), Indenture (Northwest Bancshares, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company Issuer executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(b) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 10 contracts
Samples: Indenture (Priceline Group Inc.), Agency Agreement (Booking Holdings Inc.), Indenture (Booking Holdings Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, ; or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary, or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 9 contracts
Samples: Indenture (TTM Technologies Inc), Indenture (TherapeuticsMD, Inc.), Indenture (Opko Health, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 9 contracts
Samples: Indenture (Guitar Center Inc), Indenture (Owens Illinois Inc /De/), Indenture (Owens Illinois Inc /De/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company Issuer that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 ninety (90) days of such event, (ii) the Company Issuer executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 9 contracts
Samples: Indenture (Vantage Drilling (Malaysia) I Sdn. Bhd.), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 7 contracts
Samples: Indenture (Discovery Laboratories Inc /De/), Lin Tv Corp., STR Holdings, Inc.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuers that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, or (iib) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 7 contracts
Samples: Form of Indenture (LD Acquisition Co 7 LLC), Indenture (Rentech Nitrogen Pasadena Holdings, LLC), Emerge Energy Services Finance Corp
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.8 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.8 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 6 contracts
Samples: Gray Communications Systems Inc /Ga/, Celgene Corp /De/, Celgene Corp /De/
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 6 contracts
Samples: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture 2.07 and in addition thereto, any Global Security Note shall be exchangeable pursuant to Section 2.7 of the Indenture 2.07 for Securities Notes registered in the names of Holders other than the Depository Depositary for such Security Note or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security Note or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security Note shall be so exchangeable or (iii) an Event of Default with respect to the Securities Notes represented by such Global Security Note shall have happened occurred and be continuing. Any Global Security Note that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities Notes registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security Note with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security Note may not be transferred except as a whole by the Depository Depositary with respect to such Global Security Note to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary, or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 5 contracts
Samples: Indenture (Bally's Corp), Ceco Environmental Corp, Great Elm Group, Inc.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (ia) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 4 contracts
Samples: Digital Realty (Digital Realty Trust, L.P.), Indenture (Bryn Mawr Bank Corp), Digital Realty (Digital Realty Trust, L.P.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 4 contracts
Samples: Indenture (TTM Technologies Inc), Indenture (Shared Communication Systems, Inc.), Indenture (TTM Technologies Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect stating that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 4 contracts
Samples: Indenture (Iip-Co 3 LLC), Indenture (Phillips Edison & Company, Inc.), STAG Industrial Operating Partnership, L.P.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company Issuer executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 4 contracts
Samples: Indenture (Mobile Mini Inc), Indenture (Meritage Homes CORP), Indenture (Meritage Homes of Texas Holding, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary, or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 4 contracts
Samples: Indenture (Marinemax Inc), Indenture (Roadrunner Transportation Systems, Inc.), Carbonite Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall will be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall will be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall will be exchangeable for Securities registered in such names as the Depository shall Depositary will direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 3 contracts
Samples: Indenture (MetroPCS Finance, Inc.), Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.6 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.6 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.13.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 3 contracts
Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Genta Inc De/
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities of the Series with respect to which such Global Security was issued registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 3 contracts
Samples: Indenture (Corrections Corp of America), Corrections Corp of America, CCA Western Properties, Inc.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 3 contracts
Samples: Indenture (Iron Mountain Inc/Pa), Execution Copy (Iron Mountain Inc/Pa), Province Healthcare Co
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture 7.9 and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture 7.9 for Preferred Securities registered in the names of Holders other than the Depository Depositary for such Preferred Security or its nominee only if (i) such Depository Depositary notifies the Company Trust that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Trust fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company Trust executes and delivers to the Property Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable exchangeable, or (iii) an a Trust Enforcement Event of Default with respect to the Preferred Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Preferred Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal liquidation amount equal to the principal liquidation amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.27.16.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 3 contracts
Samples: Trust Agreement (Fonovisa Inc), Trust Agreement (Disney Capital Trust Iii), Trust Agreement (Disney Capital Trust I)
Transfer and Exchange. Notwithstanding any provisions to the --------------------- contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Transfer and Exchange. Notwithstanding any provisions to the --------------------- contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an event shall have happened and be continuing which is or after notice or lapse of time or both, would be, an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingSecurity. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Mattel Inc /De/), Mattel Inc /De/
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Rentech Inc /Co/), Indenture (Transenterix, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, and unless otherwise provided for a particular Series of Securities by a resolution of the Board of Directors, a supplemental indenture or an Officers’ Certificate, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a “clearing agency agency” registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 120 days of such event, (ii) the Company executes and delivers to in its sole discretion notifies the Trustee an Officers' Certificate to the effect in writing that such Global Security shall be so exchangeable or (iii) the Depositary so requests, or any beneficial owner thereof requests such exchange in writing delivered through the Depositary, in either case, if an Event of Default with respect to the Securities represented by such Global Security shall have happened occurred and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Export Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(b) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (CFM v R Tesco Inc), Lucent Technologies Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: MWT - Gesellschaft Fur Industrielle Mikrowellentechnik mbH, ExOne KK
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officers Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Golden Star Resources LTD), Golden Star Resources LTD
Transfer and Exchange. Notwithstanding any provisions to the --------------------- contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Advanced Micro Devices Inc, Sunburst Hospitality Corp
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company Issuers that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository within 90 days of such event, (ii) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Omnicom Group Inc, Omnicom Group Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 120 days after the date of such eventnotice from the Depositary, or (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Fleming Companies Inc /Ok/, Minter-Weisman Co
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Leap Wireless International Inc), Leap Wireless International Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2Subsection 2.14(b, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Samples: Atrix Laboratories Inc, Atrix Laboratories Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, case the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable exchangeable, (ii) an event shall have happened and be continuing which is or (iii) after notice or lapse of time or both, would be, an Event of Default with respect to the Securities represented by such Global Security Security, (iii) there shall have happened and exist such circumstances, if any, in addition to or in lieu of those described above as may be continuingdescribed in a supplemental indenture or a Board Resolution establishing the Securities of a Series. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 2 contracts
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition theretoto Section 2.06, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if if: (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, ; or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary, or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 2 contracts
Samples: Indenture (Surgalign Holdings, Inc.), RTI Surgical Holdings, Inc.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Province Healthcare Co
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Registered Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Registered Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Registered Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Registered Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Registered Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Registered Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Registered Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(2) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Xm Satellite Radio Holdings Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company Issuers that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository within 90 days of such event, (ii) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(b) a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, or (iib) the Company Issuer executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. HN\1276805.5 Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Phillips 66 Partners Lp
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if if: (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, ; (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable exchangeable; or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by 11 the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Host Marriott Corp/Md
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary. 2.14.3.
Appears in 1 contract
Samples: Guardant Health, Inc.
Transfer and Exchange. Notwithstanding any provisions to the contrary --------------------- contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(2) a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Crown Castle International Corp
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.6 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.6 of the this Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.13.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Genta Inc De/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository US-DOCS\127109820.2 Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture 7.9 and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture 7.9 for Preferred Securities registered in the names of Holders other than the Depository Depositary for such Preferred Security or its nominee only if (i) such Depository Depositary notifies the Company Trust that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Trust fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company Trust executes and delivers to the Property Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an a Trust Enforcement Event of Default with respect to the Preferred Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Preferred Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal liquidation amount equal to the principal liquidation amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.27.16.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 ninety (90) days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(B), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Shift Technologies, Inc.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.08 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.08 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened occurred and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15(b), a Global Security may not only be transferred except as a in whole but not in part (i) by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, (ii) by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or (iii) by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Advance Auto Parts Inc
Transfer and Exchange. Notwithstanding any provisions --------------------- to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Tivo Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling unwilling, unable or unable ineligible to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Broadstone Net Lease LLC
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuer fail to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, or (iib) the Company executes Issuer execute and delivers deliver to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Stone Energy Offshore, L.L.C.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 ninety (90) days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.14(b) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Safeway Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company Issuer that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository within 90 days of such event, (ii) the Company Issuer executes and delivers to the Trustee an Officers' Officer's Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened occurred and shall be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.13(2), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Youbet Com Inc
Transfer and Exchange. Notwithstanding Unless otherwise provided for any particular Series of Securities pursuant to Section 2.02, notwithstanding any provisions to the contrary contained in Section 2.7 2.07 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.07 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, 2.13(b) a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary with the prior written consent of the Company.
Appears in 1 contract
Samples: Coors Adolph Co
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture hereof and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture hereof for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto2.7, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security therefor or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.14(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Ca, Inc.)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable (subject to the procedures of the Depository) or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuing. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.15(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: CatchMark Timber Trust, Inc.
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if if: (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, ; or (ii) the Company executes and delivers to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary, or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Marinemax Inc)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company Issuer fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, or (iib) the Company Issuer executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Phillips 66 Partners Lp)
Transfer and Exchange. Notwithstanding any provisions --------------------- to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2paragraph (b) of this Section, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (ia) such Depository Depositary notifies the Company Issuers that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Sunoco, LLC
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 2.06 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 2.06 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository notifies the Company delivers to the Trustee a notice from the Depositary that it (A) the Depositary is unwilling no longer willing or unable able to continue as Depository depositary for such any Global Security Security, or if at any time such Depository (B) the Depositary ceases to be a “clearing agency agency” registered under Section 17A of the Exchange Act, and, in either case, the Company fails is unable to appoint locate a qualified successor Depository within 90 days of such eventdays, (ii) the Company executes and delivers to Company, at its option, notifies the Trustee an Officers' Certificate in writing that it elects to cause the effect that such Global Security shall be so exchangeable issuance of Securities in definitive form under this Indenture, or (iii) an there has occurred and is continuing a Default or Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingSecurities. Any Global Security that is exchangeable pursuant to the preceding sentence shall shall, upon surrender by the Depositary of such Global Security, be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.12(b), a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
Samples: Indenture (Norfolk Southern Corp)
Transfer and Exchange. Notwithstanding any provisions to the contrary --------------------- contained in Section 2.7 of the Indenture 2.06 and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture 2.06 for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (i) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository within 90 days of such event, (ii) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or exchangeable, (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingcontinuing or (iv) there shall exist any circumstances as may be described in the applicable supplemental indenture or Board Resolution. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.22.13(b), a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: Indenture (Thiokol Corp /De/)
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (ia) such Depository notifies the Company that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes and delivers to the Trustee an Officers' Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository. Neither the Trustee nor any Agent shall have any responsibility or liability for any actions taken or not taken by the Depository.
Appears in 1 contract
Samples: Tivo Inc
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the Indenture for Securities registered in the names of Holders other than the Depository for such Security or its nominee only if (ia) such Depository notifies the Company Issuers that it is unwilling or unable to continue as Depository for such Global Security or if at any time such Depository ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails Issuers fail to appoint a successor Depository registered as a clearing agency under the Exchange Act within 90 days of such event, event or (iib) the Company executes Issuers execute and delivers deliver to the Trustee an Officers' ’ Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository with respect to such Global Security to a nominee of such Depository, by a nominee of such Depository to such Depository or another nominee of such Depository or by the Depository or any such nominee to a successor Depository or a nominee of such a successor Depository.
Appears in 1 contract
Samples: CSL National, LP
Transfer and Exchange. Notwithstanding any provisions to the contrary contained in Section 2.7 of the this Indenture and in addition thereto, any Global Security shall be exchangeable pursuant to Section 2.7 of the this Indenture for Securities registered in the names of Holders other than the Depository Depositary for such Security or its nominee only if (i) such Depository Depositary notifies the Company that it is unwilling or unable to continue as Depository Depositary for such Global Security or if at any time such Depository Depositary ceases to be a clearing agency registered under the Exchange Act, and, in either case, the Company fails to appoint a successor Depository Depositary registered as a clearing agency under the Exchange Act within 90 days of such event, event or (ii) the Company executes and delivers to the Trustee an Officers' Officer’s Certificate to the effect that such Global Security shall be so exchangeable or (iii) an Event of Default with respect to the Securities represented by such Global Security shall have happened and be continuingexchangeable. Any Global Security that is exchangeable pursuant to the preceding sentence shall be exchangeable for Securities registered in such names as the Depository Depositary shall direct in writing in an aggregate principal amount equal to the principal amount of the Global Security with like tenor and terms. Except as provided in this Section 2.14.2, a Global Security may not be transferred except as a whole by the Depository Depositary with respect to such Global Security to a nominee of such DepositoryDepositary, by a nominee of such Depository Depositary to such Depository Depositary or another nominee of such Depository Depositary or by the Depository Depositary or any such nominee to a successor Depository Depositary or a nominee of such a successor DepositoryDepositary.
Appears in 1 contract
