Examples of Regulation S Transfer Certificate in a sentence
In addition, in the event a person holding a beneficial interest in the DTC Restricted Global Certificate makes a transfer to a non-U.S. person in accordance with either Rule 903 or Rule 904 of Regulation S, the transferor will be required to deliver a Regulation S Transfer Certificate in the form attached to the applicable Trust Instrument and the transferee will be required to deliver an Investment Letter certifying, among other things, its status as a non-U.S. person.
In addition, in the event a person holding a beneficial interest in the DTC Restricted Global Certificate makes a transfer to a person that is not a U.S. person in accordance with either Rule 903 or Rule 904 of Regulation S, the transferor will be required to deliver a Regulation S Transfer Certificate in the form attached to the applicable Trust Instrument and the transferee will be required to deliver an Investment Letter certifying, among other things, its status as a person that is not a U.S. person.
Interests in a Regulation S Global Note may be held only through Euroclear or Clearstream and may not be held by a U.S. Person at any time, provided, further, that the transferee or purchaser of such interest shall be deemed to have made all acknowledgements, representations and warranties applicable to such transfer or purchase of an interest in a Regulation S Global Note as set forth in the Regulation S Transfer Certificate.
With respect to clause (B) of this Section 3.03(c)(iii), the holder transferring such beneficial interest will be deemed to have made the representations and warranties contained in the Regulation S Transfer Certificate attached as Exhibit E-2 hereto, and in the case of clause (A) such holder’s transferee will be deemed to have made the representations and warranties contained in the Investor Representation Letter attached as Exhibit E-3 hereto.
In addition, in the event a person holding a beneficial interest in the DTC Restricted Global Certificate makes a transfer to a non-U.S. person in accordance with either Rule 903 or Rule 904 of Regulation S under the Securities Act, the transferor will be required to deliver a Regulation S Transfer Certificate in the form attached to the applicable Trust Instrument and the transferee will be required to deliver an Investment Letter certifying, among other things, its status as a non-U.S. person.