Common use of Definitive Securities Clause in Contracts

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the Depository ceases to be a “clearing agency” registered under the Exchange Act, and a successor Depository is not appointed by the Issuer within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the Issuer, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Securities under this Indenture.

Appears in 21 contracts

Samples: Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc)

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Definitive Securities. (a) A Global Security deposited with the Depository Depositary or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies the Issuer Company that it is unwilling or unable to continue as a Depository Depositary for such Global Security or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depositary is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerCompany, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 16 contracts

Samples: Indenture (Evenflo Co Inc), Indenture (Magellan Health Services Inc), Alamosa (Alamosa Holdings LLC)

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the Depository ceases to be a “clearing agency” registered under the Exchange Act, and a successor Depository is not appointed by the Issuer within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the Issuer, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Securities under this the Indenture.

Appears in 13 contracts

Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer Company that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the Depository ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerCompany, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Securities under this Indenture.

Appears in 7 contracts

Samples: Tia Indenture (Rite Aid Corp), Security Agreement (Rite Aid Corp), Indenture (Revlon Consumer Products Corp)

Definitive Securities. (a) A Global Security deposited with the Depository Depositary or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i1) the Depository Depositary notifies the Issuer Issuers in writing that it is unwilling or unable to continue as a Depository Depositary for such Global Security or if at any time the Depository Depositary ceases to be a “clearing agency” registered under the Exchange Act, and a successor Depository depositary is not appointed by the Issuer Issuers within 90 days of such notice, ; or (ii) a Default or an Event of Default has occurred and is continuing or (iii2) the IssuerIssuers, in its their sole discretion, notifies notify the Trustee in writing that it elects they elect to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 2 contracts

Samples: Jones Group Inc, JAG FOOTWEAR, ACCESSORIES & RETAIL Corp

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount at maturity equal to the principal amount at maturity of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer Company that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the Depository ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depository is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing continuing, or (iii) the IssuerCompany, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 2 contracts

Samples: Indenture (Alamosa Delaware Inc), Alamosa Holdings Inc

Definitive Securities. (a) A Global Security deposited with the Depository Depositary or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies the Issuer Issuers that it is unwilling or unable to continue as a Depository Depositary for such Global Security or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depositary is not appointed by the Issuer Issuers within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerIssuers, in its their sole discretion, notifies notify the Trustee in writing that it elects they elect to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 2 contracts

Samples: Indenture (Lpa Services Inc), Jones Apparel Group Inc

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian for the Depository pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer Company that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the such Depository ceases to be a "clearing agency" registered under the Exchange Act, Act and a successor Depository Depositary is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerCompany, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Securities under this Indenture.

Appears in 2 contracts

Samples: United Surgical Partners International Inc, Medical Documenting Systems Inc

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to all or part of the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer Company that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the Depository ceases to be a “clearing agency” registered under the Exchange Act, and a successor Depository is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerCompany, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Securities under this Indenture.

Appears in 2 contracts

Samples: Indenture (Rite Aid Corp), Rite Aid Corp

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer Company that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the Depository ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depository is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing continuing, or (iii) the IssuerCompany, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 2 contracts

Samples: Alamosa Delaware Inc, Alamosa Holdings Inc

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian for the Depository pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer Company that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the such Depository ceases to be a "clearing agency" registered under the Exchange Act, Act and a successor Depository is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerCompany, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Securities under this Indenture.

Appears in 1 contract

Samples: Denbury Resources Inc

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Definitive Securities. (a) A Global Security deposited with the Depository Depositary or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies the Issuer Holdings that it is unwilling or unable to continue as a Depository Depositary for such Global Security or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depositary is not appointed by the Issuer Holdings within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerHoldings, in its sole discretion, notifies no- tifies the Trustee in writing that it elects to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 1 contract

Samples: Peninsula Cellular Services Inc

Definitive Securities. (a) A Global Security deposited with the Depository Depositary or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies the Issuer Company that it is unwilling or unable to continue as a Depository Depositary for such Global Security or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depositary is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) not less than five Business Days prior to the Issuerdate of the proposed issuance of certificated Securities under the Indenture, the Company, in its sole discretion, notifies the Trustee in a writing signed by two Officers of the Company that it elects to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 1 contract

Samples: Concorde Gas Marketing Inc

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 2.2 and (i) the Depository notifies the Issuer that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the Depository ceases to be a “clearing agency” registered under the Exchange Act, and a successor Depository is not appointed by the Issuer within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the Issuer, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Securities under this the Indenture.

Appears in 1 contract

Samples: Indenture (Level 3 Parent, LLC)

Definitive Securities. (a) A Global Security deposited with the Depository Depositary or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies each of the Issuer Issuers that it is unwilling or unable to continue as a Depository Depositary for such Global Security or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depositary is not appointed by each of the Issuer Issuers within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) each of the IssuerIssuers, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 1 contract

Samples: Derby Cycle Corp

Definitive Securities. (a) A Global Security deposited with the Depository or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository notifies the Issuer that it is unwilling or unable to continue as a Depository for such Global Security or if at any time the Depository ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository is not appointed by the Issuer within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the Issuer, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Securities under this Indenture.

Appears in 1 contract

Samples: Level 3 Communications Inc

Definitive Securities. (a) A Global Security deposited with the Depository ---------------------- Depositary or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies the Issuer Company that it is unwilling or unable to continue as a Depository Depositary for such Global Security or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depositary is not appointed by the Issuer Company within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerCompany, in its sole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 1 contract

Samples: Eagle Family Foods Inc

Definitive Securities. (a) A Global Security deposited with the Depository Depositary or with the Trustee as Securities Custodian pursuant to Section 2.1 shall be transferred to the beneficial owners thereof in the form of Definitive Securities in an aggregate principal amount equal to the principal amount of such Global Security, in exchange for such Global Security, only if such transfer complies with Section 2.3 and (i) the Depository Depositary notifies the Issuer Issuers that it is unwilling or unable to continue as a Depository Depositary for such Global Security or if at any time the Depository Depositary ceases to be a "clearing agency" registered under the Exchange Act, and a successor Depository depositary is not appointed by the Issuer Issuers within 90 days of such notice, or (ii) a Default or an Event of Default has occurred and is continuing or (iii) the IssuerIssuers, in its their sole discretion, notifies notify the Trustee in writing that it elects they elect to cause the issuance of Definitive certificated Securities under this Indenture.

Appears in 1 contract

Samples: Jones Apparel Group Inc

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