Book-Based System. (a) Registration of beneficial interests in, and transfers and pledges of, Debentures represented by Global Certificates shall be made through the book-based system. Except for (i) Debentures originally issued to “affiliates” of the Issuer (as such term is defined in Rule 144 under the U.S. Securities Act), (ii) Debentures for which physical certificates evidencing ownership in Debentures are otherwise required to deal with restricted and/or legended securities, or (iii) physical Debentures issued pursuant to Section 3.2(b), the Debentures shall be evidenced by a Global Certificate registered in the name of the Depository as contemplated in Section 2.4. Any Debentures originally issued to “affiliates” of the Issuer (as such term is defined in Rule 144 under the U.S. Securities Act) or issued pursuant to clause (ii) of the preceding sentence shall be evidenced by physical certificates evidencing ownership in such Debentures (substantially in the form set out in Schedule A hereto), and such definitive certificates shall bear the legend required in Section 2.6(e), unless and until transferred pursuant to Section 3.2(c)(ii) or exchanged pursuant to Section 3.6(a) of this Indenture.
Book-Based System. (a) The Debentures shall be issued as Book-Entry Only Debentures and shall be represented by one or more fully-registered permanent global security certificates in the form of the certificate set out in Schedule “A” hereto together with the legend provided for in section 2.11(b) (the “Global Debenture(s)”). The Global Debenture(s) shall be held by, or on behalf of, the Depository as depository of the Participants in the Book-Based System and shall be registered in the name of “CDS & Co.” (or such other name as the Depository may use from time to time as its nominee for the purposes of the Book-Based System). No Beneficial Holder will receive Definitive Debentures representing their beneficial ownership in Debentures unless the Corporation determines to terminate the Book-Entry Only Debentures.
Book-Based System. 2.11.1 The Debentures shall initially be issued as Book-Entry Only Debentures and shall be represented by one or more fully-registered permanent global security certificates in the form of the certificate set out in Schedule “A” hereto together with the legend(s) substantially in the form provided for in Schedule “A-1” (the “Global Debentures(s)”). The Global Debenture(s) shall be held by, or on behalf of, the Depository as depository of the Participants in the Book-Based System and shall be registered in the name of “CEDE & Co.” as the nominee of the Depository (or such other name as the Depository may use from time to time as its nominee for the purposes of the Book-Based System). No Beneficial Holder will receive Definitive Debentures representing its beneficial ownership in Debentures unless the Company terminates the use of the Book-Based System with respect to the Debentures, or as otherwise provided in section 2.14.
Book-Based System. (a) Subject to the provisions of subsections 12(b) and (c) of this Part 2 and notwithstanding the provisions of Sections 1 through 11 of this Part 2, the First Preferred Shares (or any of them) may be evidenced by a registered Global Certificate representing the aggregate number of such First Preferred Shares held by, or on behalf of, the System Operator as custodian of the Global Certificate for the Participants and registered in the name of “CDS & Co.” (or in such other name as the System Operator may use from time to time as its nominee for purposes of the Book-Based System), and registrations of ownership, transfers and surrenders of First Preferred Shares held in such manner shall be made only through the Book-Based System. Subject to subsection 12(c) of this Part 2, no beneficial (non-registered) holder of First Preferred Shares shall receive a certificate or other instrument from the Corporation or the System Operator evidencing such holder's ownership thereof, and no such holder shall be shown on the records maintained by the System Operator except through a book-entry account of a Participant acting on behalf of such holder.
Book-Based System. The General Partner may enter into an agreement with CDS pursuant to which, among other things, CDS agrees to record the CDS participants who hold Units on behalf of the owners of the Units and any sale or transfer of Units in accordance with a book-based system (the ‘‘Book-Based System’’). In such event, registrations of interests in the Units will be made only through the Book-Based System. It is acknowledged and agreed by each of the Limited Partners that there may be time delays in the recording of information by CDS in the Book-Based System and the recording of information in the Register. However, the General Partner will ensure that, as at the last day of December for each year that the Partnership is in existence, the Register is accurate and complete and the record maintained by CDS reflects the Register by CDS participant, to the extent applicable. CDS requires that all Units be represented in the form of a fully registered certificate (the “Certificate”) that is:
Book-Based System. 14 2.10 Transfer of Warrants held in Book-Based System............................................. 15 2.11 Termination of Book-Based System................ 15 2.12 Dealings with the Depository.................... 16 3.
Book-Based System. 2.9.1 Subject to Section 2.11, Warrants shall be issued in Book-Entry Only Form and shall be represented by one or more fully-registered permanent global Warrant certificates in the form of the certificate set out in Schedule "A" hereto together with the legend provided for in Subsection 2.9.2 (the "Global Certificates"). The Global Certificate(s) shall be held by, or on behalf of, the Depository as depository for the Participants and shall be registered in the name of "CDS & CO." (or such other name as the Depository may use from time to time as its nominee for the purposes of the Book-Based System).
Book-Based System. (a) In the event that all of the Outstanding Definitive Debentures are registered in the name of “CDS & Co.”, the Trustee may issue, in replacement of the Definitive Debentures, one or more permanent global security certificates in the form of the certificate set out in Schedule 2.2 hereto together with the legend provided for in subsection (b) and section 2.20, as applicable (the “Global Debenture(s)”). The Global Debenture(s) shall be held by, or on behalf of, the Depository as depository of the Participants in the Book-Based System and shall be registered in the name of “CDS & Co.” (or such other name as the Depository may use from time to time as its nominee for the purposes of the Book-Based System). In the event that all of the Outstanding Debentures are registered in the name of “CDS & Co.”, no Beneficial Holder will receive Definitive Debentures representing their beneficial ownership in Debentures unless the Issuer determines to terminate the Book-Entry Only Debentures. Where all of the Outstanding Definitive Debentures are represented by a Global Debenture, the Debentures represented thereby shall be deemed for the purposes hereof to have been issued as Book-Entry Only Debentures.
Book-Based System. (1) Debentures will be issued as Book-Entry Only Debentures and will be represented by the Global Debentures together with the legend provided for in Section 2.07(2). The Global Debentures will be held by, or on behalf of, the Depository as depository of the Participants in the Book-Based System and will be registered in the name of “CDS & Co.” (or such other name as the Depository may use from time to time as its nominee for the purposes of the Book-Based System).
Book-Based System. The General Partner has entered or will enter into an agreement with CDS pursuant to which, among other things, registration of interests in Units and transfers of the Units will be made through the book-based system administered by CDS (the “Book-Based System”). At each Closing, non-certificated interests representing the aggregate number of Units subscribed for under the Offering will be recorded in the name of CDS or its nominee on the register of the Partnership maintained by Valiant on the date of such Closing. Units must be purchased and/or transferred through a CDS participant. All rights of an owner of Units must be exercised through, and all payments or other property to which such owner is entitled will be made or delivered by, CDS or the CDS participant through which the owner holds such Units. Upon purchase of any Units, the owner will receive only the customary confirmation. References in this Agreement to unitholders or a holder of Units means, unless the context otherwise requires, the owner of the beneficial interest in such Units. The ability of a beneficial owner or an owner of Units to pledge such Units or otherwise take action with respect to such owner’s interest in such Units (other than through a CDS participant) may be limited due to the lack of a physical certificate. It is acknowledged and agreed by each of the Limited Partners that there may be time delays in the recording of information by CDS in the Book-Based System and the recording of information in the Register. However, the General Partner will ensure that, as at the last day of December for each year that the Partnership is in existence, the Register is accurate and complete and the record maintained by CDS reflects the Register by CDS participant, to the extent applicable.
