Authentication of Definitive Notes. If at any time: (a) the Company notifies the Trustee in writing that the Depository for the Notes is no longer willing or able to act as Depository for the Global Notes and a successor Depository for the Global Notes is not appointed by the Company within 90 days after delivery of such notice; or (b) the Company, at its option, notifies the Trustee in writing that it elects to cause the issuance of Definitive Notes under this Indenture; then the Company will execute, and the Trustee, upon receipt of an Officers' Certificate requesting the authentication and delivery of Definitive Notes, will authenticate and deliver Definitive Notes, in an aggregate principal amount equal to the principal amount of the Global Notes, in exchange for such Global Notes and registered in such names as the Depository shall instruct the Trustee or the Company in writing.
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Samples: Indenture (Nortek Inc), Indenture (Nortek Inc)
Authentication of Definitive Notes. If at any time:
(a) the Company notifies the Trustee in writing that the Depository Depositary for the Notes is no longer willing or able to act as Depository Depositary for the Global Notes and a successor Depository Depositary for the Global Notes is not appointed by the Company within 90 days after delivery of such notice; or
(b) the Company, at its option, notifies the Trustee in writing that it elects to cause the issuance of Definitive Notes under this Indenture; then the Company will execute, and the Trustee, upon receipt of an Officers' Certificate requesting the authentication and delivery of Definitive Notes, will authenticate and deliver Definitive Notes, in an aggregate principal amount equal to the principal amount of the Global Notes, in exchange for such Global Notes and registered in such names as the Depository Depositary shall instruct the Trustee or the Company in writing.
Appears in 2 contracts
Samples: Indenture (Nortek Inc), Indenture (Nortek Inc)
Authentication of Definitive Notes. If at any time:: ----------------------------------
(a) the Company notifies the Trustee in writing that the Depository for the Notes is no longer willing or able to act as Depository for the Global Notes and a successor Depository for the Global Notes is not appointed by the Company within 90 days after delivery of such notice; or
(b) the Company, at its option, notifies the Trustee in writing that it elects to cause the issuance of Definitive Notes under this Indenture; then the Company will execute, and the Trustee, upon receipt of an Officers' Certificate requesting the authentication and delivery of Definitive Notes, will authenticate and deliver Definitive Notes, in an aggregate principal amount equal to the principal amount of the Global Notes, in exchange for such Global Notes and registered in such names as the Depository shall instruct the Trustee or the Company in writing.
Appears in 1 contract
Samples: Indenture (Nortek Inc)
Authentication of Definitive Notes. If at any time:
(ai) the Company notifies the Trustee in writing that the Depository Depositary for the Notes notifies the Company that the Depositary is no longer willing unwilling or able unable to act continue as Depository Depositary for the Global Notes and a successor Depository Depositary for the Global Notes is not appointed by the Company within 90 days after delivery of such notice; or
(bii) the Company, at in its optionsole discretion, notifies the Trustee in writing that it elects to cause the issuance of Definitive Notes under this Indenture; , then the Company will execute, and the Trustee, upon receipt of an Officers' Certificate requesting the authentication and delivery of Definitive Notes, will authenticate and deliver Definitive Notes, in an aggregate principal amount equal to the principal amount of the Global Notes, in exchange for such Global Notes and registered in such names as the Depository shall instruct the Trustee or the Company in writingNotes.
Appears in 1 contract
Samples: Indenture (Astor Corp)
Authentication of Definitive Notes. If at any time:
(ai) the Company notifies the Trustee in writing that the Depository for the Notes is no longer willing or able to act as Depository for the Global Notes and a successor Depository for the Global Notes is not appointed by the Company within 90 days after delivery of such notice; or
(bii) the Company, at its option, notifies the Trustee in writing that it elects to cause the issuance of Definitive Notes under this Indenture; then the Company will execute, and the Trustee, upon receipt of an Officers' Certificate requesting the authentication and delivery of Definitive Notes, will authenticate and deliver Definitive Notes, in an aggregate principal amount equal to the principal amount of the Global Notes, in exchange for such Global Notes and registered in such names as the Depository shall instruct the Trustee or the Company in writing.
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