Common use of Action in Respect of the Certificateless Depositary Interests or the Global Notes Clause in Contracts

Action in Respect of the Certificateless Depositary Interests or the Global Notes. As soon as practicable, but not later than 10 days after receipt by the Book-Entry Depositary or the Note Custodian of notice of any solicitation of consents or request for a waiver or other action by the Depositary or owners of Book-Entry Interests or by the Book-Entry Depositary under this Agreement, the Book-Entry Depositary shall mail to the Depositary a notice containing (a) such information as is contained in the notice received, (b) a statement that the Depositary at the close of business on a specified record date (established in accordance with Section 2.11 hereof) will be entitled, subject to the provisions of or governing the Certificateless Depositary Interests or Global Notes, as the case may be, to instruct the Book-Entry Depositary as to the consent, waiver or other action, if any, pertaining to the Certificateless Depositary Interests or Global Notes, as the case may be, and (c) a statement as to the manner in which such instructions may be given. Upon the written request of the Depositary received on or before the date established by the Issuer for such purpose, the Book-Entry Depositary shall, or if applicable, shall cause the Note Custodian to, endeavor insofar as practicable and permitted under the provisions governing the Certificateless Depositary Interests or Global Notes, as the case may be, to take such action regarding the requested consent, waiver or other action in respect of such Certificateless Depositary Interest or Global Note, as the case may be, in accordance with any instructions set forth in such request. The Book-Entry Depositary and the Note Custodian shall not themselves exercise any discretion in the granting of consents or waivers or the taking of any other action in respect of the Certificateless Depositary Interests, the Book-Entry Interests or Global Notes.

Action in Respect of the Certificateless Depositary Interests or the Global Notes. As soon as practicable, but not later than 10 2 days after receipt by the Book-Entry entry Depositary or the Senior Subordinated Note Custodian of notice of any solicitation of consents or request for a waiver or other action by the Depositary or owners of Book-Entry entry Interests or by the Book-Entry entry Depositary under this Agreement, the Book-Entry entry Depositary shall mail to the Depositary a notice containing (a) such information as is contained in the notice received, (b) a statement that the Depositary at that held the Certificateless Depositary Interests as of the close of business on a specified record date (established in accordance with Section 2.11 hereof) will be entitled, subject to the provisions of or governing the Certificateless Depositary Interests or Global Notes, as the case may be, to instruct the Book-Entry entry Depositary as to the consent, waiver or other action, if any, pertaining to the Certificateless Depositary Interests or Global Notes, as the case may be, and (c) a statement as to the manner in which such instructions may be given. Upon the written request of the Depositary received on or before the a date established by the Issuer for such purpose, the Book-Entry entry Depositary shall, or if applicable, shall cause the Senior Subordinated Note Custodian to, endeavor insofar as practicable and permitted under the provisions governing the Certificateless Depositary Interests or Global Notes, as the case may be, to take such action regarding the requested consent, waiver or other action in respect of such Certificateless Depositary Interest or Global Note, as the case may be, in accordance with any instructions set forth in such request. The Book-Entry entry Depositary and the Senior Subordinated Note Custodian shall not themselves exercise any discretion in the granting of consents or waivers or the taking of any other action in respect of the Certificateless Depositary Interests, the Book-Entry entry Interests or Global Notes.