Common use of Certificated Notes Clause in Contracts

Certificated Notes. (a) A Global Note deposited with the Depository or with the Trustee as Notes Custodian for the Depository pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 hereof and if (i) the Depository notifies the Company that it is unwilling or unable to continue as depository for such Global Note and the Depository fails to appoint a successor depository within 90 days; (ii) Depository ceases to be registered as a “clearing agency” under the Exchange Act; and in the case of either clause (i) or clause (ii), a successor depositary is not appointed by the Company within 90 days of such notice, (iii) the Company, at its option, notifies the Trustee that it elects to cause the issuance of Certificated Notes and any Agent Member requests a Certificated Note in accordance with the Depository’s procedures, or (iv) a Default has occurred and is continuing.

Appears in 5 contracts

Samples: Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp)

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Certificated Notes. (a) A Global Note deposited with the Depository or with the Trustee as Notes Custodian for the Depository pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 hereof and if if: (i) the Depository notifies the Company that it is unwilling or unable to continue as depository depositary for such Global Note and the Depository fails to appoint a successor depository depositary within 90 days; (ii) the Depository ceases to be registered as a “clearing agency” under the Exchange Act; , and in the case of either clause (i) or clause (ii), a successor depositary is not appointed by the Company within 90 days of such notice, days; or (iii) the Company, at its option, notifies the Trustee that it elects to cause the issuance of Certificated Notes and any Agent Member requests a Certificated Note in accordance with the Depository’s procedures, or (iv) a Default has occurred and is continuing.

Appears in 3 contracts

Samples: Indenture (Southwestern Energy Co), Indenture (New York Mortgage Trust Inc), Indenture (Ellington Financial LLC)

Certificated Notes. (a) A Global Note deposited with the Depository or with the Trustee as Notes Custodian for the Depository pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 hereof and if if: (i) the Depository notifies the Company Issuers that it is unwilling or unable to continue as depository depositary for such Global Note and the Depository fails to appoint a successor depository depositary within 90 days; (ii) the Depository ceases to be registered as a “clearing agency” under the Exchange Act; , and in the case of either clause (i) or clause (ii), a successor depositary is not appointed by the Company Issuers within 90 days of such notice, days; or (iii) the Company, Issuers at its their option, notifies notify the Trustee that it elects they elect to cause the issuance of Certificated Notes and any Agent Member requests a Certificated Note in accordance with the Depository’s procedures, or (iv) a Default has occurred and is continuing.

Appears in 2 contracts

Samples: Indenture (Ellington Financial Inc.), Indenture (Ellington Financial LLC)

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Certificated Notes. (a) A Global Note deposited with the Depository or with the Trustee as Notes Custodian for the Depository pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Certificated Notes in an aggregate principal amount equal to the principal amount of such Global Note, in exchange for such Global Note, only if such transfer complies with Section 2.3 hereof and if if: (i) the Depository notifies the Company Issuer that it is unwilling or unable to continue as depository depositary for such Global Note and the Depository fails to appoint a successor depository depositary within 90 days; (ii) the Depository ceases to be registered as a “clearing agency” under the Exchange Act; , and in the case of either clause (i) or clause (ii), a successor depositary is not appointed by the Company Issuer within 90 days of such notice, days; or (iii) the Company, Issuer at its option, notifies the Trustee that it elects to cause the issuance of Certificated Notes and any Agent Member requests a Certificated Note in accordance with the Depository’s procedures, or (iv) a Default has occurred and is continuing.

Appears in 1 contract

Samples: Indenture (Great Ajax Corp.)

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