Common use of Action in Respect of the Depositary Interests Clause in Contracts

Action in Respect of the Depositary Interests. (a) As soon as practicable after receipt by the Book-Entry Depositary of written notice from the Issuer of any solicitation of consents or request for a waiver or other action by the Depositary under this Agreement or the Indenture, the Book-Entry Depositary shall mail to the Depositary a notice containing (i) such information as is contained in such notice, (ii) a statement that the holders of Depositary Interests at the close of business on a specified record date (established in accordance with Section 2.8 hereof) will be entitled, subject to the provisions of or governing the Depositary Interests, to instruct the Book-Entry Depositary as to the consent, waiver or other action, if any, pertaining to the Global Notes and (iii) 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 Book-Entry Depositary for such purpose, the Book-Entry Depositary shall endeavor insofar as practicable and permitted under the provisions of or governing the Depositary Interests to take such action regarding the requested consent, waiver or other action in respect of the Global Notes in accordance with any instructions set forth in such request. The Book-Entry Depositary shall not itself exercise any discretion in the granting of consents or waivers or the taking of any other action in respect of the Global Notes and, as holder of the Global Notes, the Book-Entry Depositary promptly shall cause such consents or waivers to be granted and such action to be taken with respect to the Global Notes as the Depositary had given or had taken.

Appears in 3 contracts

Samples: Note Deposit Agreement (RSL Communications LTD), Note Deposit Agreement (RSL Communications LTD), Note Deposit Agreement (RSL Communications LTD)

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Action in Respect of the Depositary Interests. (a) As soon as practicable after receipt by the Book-Entry Depositary of written notice from the Issuer of any solicitation of consents or request for a waiver or other action by the Depositary under this Agreement or the Indenture, the Book-Entry Depositary shall mail to the Depositary a notice containing (i) such information as is contained in such notice, (ii) a statement that the holders holder of the Depositary Interests Interest at the close of business on a specified record date (established in accordance with Section 2.8 2.09 hereof) will be entitled, subject to the provisions of or governing the Global Note and the Depositary InterestsInterest, to instruct the Book-Entry Depositary as to the consent, waiver or other action, if any, pertaining to the Global Notes Note and (iii) 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 Book-Entry Depositary for such purpose, the Book-Entry Depositary shall endeavor insofar as practicable and permitted under the provisions of or governing the Global Note and the Depositary Interests Interest to take such action regarding the requested consent, waiver or other action in respect of the Global Notes Note in accordance with any instructions set forth in such request. The Book-Entry Depositary shall not itself exercise any discretion in the granting of consents or waivers or the taking of any other action in respect of the Global Notes Note and, as holder of the Global NotesNote, the Book-Entry Depositary promptly shall cause give such consents or waivers to be granted and direct such action to be taken with respect to the Global Notes Note as the Depositary had given or had taken.

Appears in 2 contracts

Samples: Note Depositary Agreement (Danka Business Systems PLC), Note Depositary Agreement (Danka Business Systems PLC)

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Action in Respect of the Depositary Interests. (a) As soon as practicable after receipt by the Book-Entry Depositary of written notice from the Note Issuer of any solicitation of consents or request for a waiver or other action by the Depositary under this Agreement or the Indenture, the Book-Entry Depositary shall mail to the Depositary a notice containing (i) such information as is contained in such notice, (ii) a statement that the holders of Depositary Interests at the close of business on a specified record date (established in accordance with Section 2.8 2.08 hereof) will be entitled, subject to the provisions of or governing the Depositary Interests, to instruct the Book-Entry Depositary as to the consent, waiver or other action, if any, pertaining to the Global Notes and (iii) 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 Book-Entry Depositary for such purpose, the Book-Entry Depositary shall endeavor insofar as practicable and permitted under the provisions of or governing the Depositary Interests to take such action regarding the requested consent, waiver or other action in respect of the Global Notes in accordance with any instructions set forth in such request. The Book-Entry Depositary shall not itself exercise any discretion in the granting of consents or waivers or the taking of any other action in respect of the Global Notes and, as holder of the Global Notes, the Book-Entry Depositary promptly shall cause such consents or waivers to be granted and such action to be taken with respect to the Global Notes as the Depositary had given or had taken.

Appears in 1 contract

Samples: Note Deposit Agreement (RSL Communications PLC)

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