Common use of Book-Entry Interests Clause in Contracts

Book-Entry Interests. The Units, on original issuance, will be issued in the form of one or more fully registered Global Units, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTC, and no Beneficial Holder will receive a Definitive Unit representing such Beneficial Holder’s interest in such Global Unit, except as provided in Section 3.09. Unless and until definitive, fully registered Securities have been issued to Beneficial Holders pursuant to Section 3.09: (i) the provisions of this Section 3.06 shall be in full force and effect; (ii) the Company shall treat the Depositary for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and Global Purchase Contracts and shall have no obligation to the Beneficial Holders; (iii) to the extent that the provisions of this Section 3.06 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 shall control; and (iv) the rights of the Beneficial Holders shall be exercised only through the Depositary and shall be limited to those established by law and agreements between such Beneficial Holders and the Depositary or the Depositary Participants.

Appears in 19 contracts

Samples: Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (Brookdale Senior Living Inc.)

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Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more more, fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on in the books and records of the Company applicable Register in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (ia) the provisions of this Section 3.06 3.6 shall be in full force and effect; (iib) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and the sole holder of the Global Purchase Contracts Certificate(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (ivd) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants. The Clearing Agency will make book-entry transfers among Clearing Agency Participants.

Appears in 4 contracts

Samples: Purchase Contract Agreement (Northrop Grumman Corp /De/), Purchase Contract Agreement (Toys R Us Inc), Purchase Contract Agreement (Toys R Us Inc)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Purchase Contract Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (i1) the provisions of this Section 3.06 3.6 shall be in full force and effect; (ii2) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the making Purchase Contracts Contract Payments and receiving approvals, votes or consents hereunder) as the Holder of the Securities and the sole holder of the Global Units and Global Purchase Contracts Certificates and shall have no obligation to the Beneficial HoldersOwners; (iii3) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (iv4) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary Clearing Agency or the Depositary Clearing Agency Participants.

Appears in 3 contracts

Samples: Purchase Contract Agreement (Georgia Pacific Corp), Purchase Contract Agreement (Georgia Pacific Corp), Purchase Contract Agreement (Pp&l Capital Funding Trust I)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on in the books and records of the Company applicable Register in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (ia) the provisions of this Section 3.06 3.6 shall be in full force and effect; (iib) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and the sole holder of the Global Purchase Contracts Certificate(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (ivd) the rights of the Beneficial Holders owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants. The Clearing Agency will make book-entry transfers among Clearing Agency Participants.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Prudential Financial Inc), Purchase Contract Agreement (Prudential Financial Inc)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more more, fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (ia) the provisions of this Section 3.06 3.6 shall be in full force and effect; (iib) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and the sole holder of the Global Purchase Contracts Certificate(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (ivd) the rights of the Beneficial Holders owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants. The Clearing Agency will make book-entry transfers among Clearing Agency Participants.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Metlife Inc), Purchase Contract Agreement (Metlife Capital Trust I)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more fully registered Global Units, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial DepositaryKeySpan. Such Global Units Unit shall initially be registered on the books and records of KeySpan and the Company Trust in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit Certificate representing such Beneficial Holder’s Owner's interest in such Global Unit, except as provided in Section 3.093.10. The Agent shall enter into an agreement with the Depositary if so requested by KeySpan. Unless and until definitive, fully registered Securities Definitive Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.10: (ia) the provisions of this Section 3.06 3.7 shall be in full force and effect; (iib) KeySpan shall be entitled to deal with the Company shall treat the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Securities and the sole holder of the Global Units and Global Purchase Contracts Unit(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.7 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.7 shall control; and (ivd) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants.

Appears in 2 contracts

Samples: Unit Agreement (Keyspan Trust Iii), Unit Agreement (Keyspan Trust I)

Book-Entry Interests. The UnitsCertificates, on original issuance, issuance will be issued in the form of one or more fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on in the books and records of the Company applicable Register in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (ia) the provisions of this Section 3.06 3.6 shall be in full force and effect; (iib) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Equity Units and Stripped Units and the sole holder of the Global Purchase Contracts Certificate(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (ivd) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants. The Clearing Agency will make book-entry transfers among Clearing Agency Participants.

Appears in 2 contracts

Samples: Forward Purchase Contract Agreement (Aep Capital Trust Iii), Forward Purchase Contract Agreement (American Electric Power Co Inc)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (ia) the provisions of this Section 3.06 3.6 shall be in full force and effect; (iib) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunderconsents) as the Holder of the Global Units and the sole holder of the Global Purchase Contracts Certificate(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (ivd) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants.

Appears in 2 contracts

Samples: Purchase Contract Agreement (New Nisource Inc), Purchase Contract Agreement (Nisource Inc)

Book-Entry Interests. The Units, on original issuance, will be issued in the form of one or more fully registered Global Units, to be delivered to the Depositary or its custodian by, or on behalf of, the CompanyCompany and the Note Issuer. The Company and the Note Issuer hereby designates designate DTC as the initial Depositary. Such Global Units shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTC, and no Beneficial Holder will receive a Definitive Unit representing such Beneficial Holder’s interest in such Global Unit, except as provided in Section 3.09. Unless and until definitive, fully registered Securities Units have been issued to Beneficial Holders pursuant to Section 3.09: (i) the provisions of this Section 3.06 shall be in full force and effect; (ii) the Company and the Note Issuer shall treat the Depositary for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and Global Purchase Contracts and shall have no obligation to the Beneficial Holders; (iii) to the extent that the provisions of this Section 3.06 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 shall control; and (iv) the rights of the Beneficial Holders shall be exercised only through the Depositary and shall be limited to those established by law and agreements between such Beneficial Holders and the Depositary or the Depositary Participants; provided that a Beneficial Holder may directly enforce its right pursuant to Section 3.09(iii) to exchange its beneficial interest in a Global Unit for a Definitive Unit.

Appears in 1 contract

Samples: Units Agreement (Hovnanian Enterprises Inc)

Book-Entry Interests. The Units, on original issuance, will be issued in the form of one or more fully registered Global Units, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTC, and no Beneficial Holder will receive a Definitive Unit representing such Beneficial Holder’s interest in such Global Unit, except as provided in Section 3.09. Unless and until definitive, fully registered Securities have been issued to Beneficial Holders pursuant to Section 3.09: (i) the provisions of this Section 3.06 shall be in full force and effect; (ii) except as contemplated in the definition of “Holders” in Section 1.01(d), the Company shall treat the Depositary for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and Global Purchase Contracts and shall have no obligation to the Beneficial Holders; (iii) to the extent that the provisions of this Section 3.06 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 shall control; and (iv) the rights of the Beneficial Holders shall be exercised only through the Depositary and shall be limited to those established by law and agreements between such Beneficial Holders and the Depositary or the Depositary Participants, subject to Section 3.09.

Appears in 1 contract

Samples: Purchase Contract Agreement (Anadarko Petroleum Corp)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.09. The Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.09: (ia) the provisions of this Section 3.06 shall be in full force and effect; (iib) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Securities and the sole holder of the Global Units and Global Purchase Contracts Certificate(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 shall control; and (ivd) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants. The Clearing Agency will make book-entry transfers among Clearing Agency Participants.

Appears in 1 contract

Samples: Purchase Contract Agreement (Kansas City Southern Industries Inc)

Book-Entry Interests. The Units, on original issuance, will be issued in the form of one or more fully registered Global Units, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTC, and no Beneficial Holder will receive a Definitive Unit representing such Beneficial Holder’s interest in such Global Unit, except as provided in Section 3.09. Unless and until definitive, fully registered Securities have been issued to Beneficial Holders pursuant to Section 3.09: (i) the provisions of this Section 3.06 shall be in full force and effect; (ii) except as contemplated in the definition of “Holders” in Section 1.01(d), the Company shall treat the Depositary for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and Global Purchase Contracts and shall have no obligation to the Beneficial Holders; (iii) to the extent that the provisions of this Section 3.06 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 shall control; and (iv) the rights of the Beneficial Holders shall be exercised only through the Depositary and shall be limited to those established by law and agreements between such Beneficial Holders and the Depositary or the Depositary Participants.

Appears in 1 contract

Samples: Purchase Contract Agreement (Hovnanian Enterprises Inc)

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Book-Entry Interests. The UnitstMEDS, on original issuance, will be issued in the form of one or more fully registered Global UnitstMEDS, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units tMEDS shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTC, and no Beneficial Holder Owner will receive a Definitive Unit tMEDS representing such Beneficial HolderOwner’s interest in such Global UnittMEDS, except as provided in Section 3.09. Unless and until definitive, fully registered Securities have been issued to Beneficial Holders Owners pursuant to Section 3.09: (i) the provisions of this Section 3.06 shall be in full force and effect; (ii) except as contemplated in the definition of “Holders” in Section 1.01(d), the Company shall treat be entitled to deal with the Depositary for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units tMEDS and Global Purchase Contracts and shall have no obligation to the Beneficial HoldersOwners; (iii) to the extent that the provisions of this Section 3.06 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 shall control; and (iv) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or the Depositary Participants.

Appears in 1 contract

Samples: Purchase Contract Agreement (Thompson Creek Metals CO Inc.)

Book-Entry Interests. The Units, on original issuance, will be issued in the form of one or more fully registered Global Units, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTC, and no Beneficial Holder will receive a Definitive Unit representing such Beneficial Holder’s interest in such Global Unit, except as provided in Section 3.09. Unless and until definitive, fully registered Securities have been issued to Beneficial Holders pursuant to Section 3.09: (i) the provisions of this Section 3.06 shall be in full force and effect; (ii) the Company shall treat the Depositary for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and Global Purchase Contracts and shall have no obligation to the Beneficial Holders; (iii) to the extent that the provisions of this Section 3.06 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 shall control; and (iviii) the rights of the Beneficial Holders shall be exercised only through the Depositary and shall be limited to those established by law and agreements between such Beneficial Holders and the Depositary or the Depositary Participants.

Appears in 1 contract

Samples: Purchase Contract Agreement (Kindred Healthcare, Inc)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Purchase Contract Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (i1) the provisions of this Section 3.06 3.6 shall be in full force and effect; (ii2) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts making Contract Adjustment Payments and receiving approvals, votes or consents hereunder) as the Holder of the Securities and the sole holder of the Global Units and Global Purchase Contracts Certificates and shall have no obligation to the Beneficial HoldersOwners; (iii3) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (iv4) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants.

Appears in 1 contract

Samples: Purchase Contract Agreement (Dominion Resources Inc /Va/)

Book-Entry Interests. The UnitsCertificates, on original issuance, issuance will be issued in the form of one or more fully registered Global UnitsCertificates, to be delivered to the Depositary Depository or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units Certificate shall initially be registered on in the books and records of the Company applicable Register in the name of Cede & Co., the nominee of DTCthe Depository, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Agent shall enter into an agreement with the Depository if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (ia) the provisions of this Section 3.06 3.6 shall be in full force and effect; (iib) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Equity Units and Stripped Units and the sole holder of the Global Purchase Contracts Certificate(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (ivd) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants. The Clearing Agency will make book-entry transfers among Clearing Agency Participants.

Appears in 1 contract

Samples: Forward Purchase Contract Agreement (American Electric Power Co Inc)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more fully registered Global UnitsCertificates, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Each such Global Units Certificate shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit definitive Certificate representing such Beneficial Holder’s Owner's interest in such Global UnitCertificate, except as provided in Section 3.093.9. The Agent shall enter into an agreement with the Depositary if so requested by the Company. Unless and until definitive, fully registered Securities Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.9: (ia) the provisions of this Section 3.06 3.6 shall be in full force and effect; (iib) the Company shall treat be entitled to deal with the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and the sole holder of the Global Purchase Contracts Certificate(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.6 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.6 shall control; and (ivd) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants. The Clearing Agency will make book-entry transfers among Clearing Agency Participants.

Appears in 1 contract

Samples: Purchase Contract Agreement (Boise Cascade Corp)

Book-Entry Interests. The UnitsCertificates, on original issuance, will be issued in the form of one or more fully registered Global Units, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial DepositaryWashington Mutual. Such Global Units Unit shall initially be registered on the books and records of Washington Mutual and the Company Trust in the name of Cede & Co., the nominee of DTCthe Depositary, and no Beneficial Holder Owner will receive a Definitive Unit Certificate representing such Beneficial Holder’s Owner's interest in such Global Unit, except as provided in Section 3.093.10. The Agent shall enter into an agreement with the Depositary if so requested by Washington Mutual. Unless and until definitive, fully registered Securities Definitive Certificates have been issued to Beneficial Holders Owners pursuant to Section 3.093.10: (ia) the provisions of this Section 3.06 3.7 shall be in full force and effect; (iib) Washington Mutual shall be entitled to deal with the Company shall treat the Depositary Clearing Agency for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Securities and the sole holder of the Global Units and Global Purchase Contracts Unit(s) and shall have no obligation to the Beneficial HoldersOwners; (iiic) to the extent that the provisions of this Section 3.06 3.7 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 3.7 shall control; and (ivd) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary Clearing Agency and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or Clearing Agency and/or the Depositary Clearing Agency Participants.

Appears in 1 contract

Samples: Unit Agreement (Washington Mutual Capital Trust 2001)

Book-Entry Interests. The Units, on original issuance, will be issued in the form of one or more fully registered Global Units, to be delivered to the Depositary or its custodian by, or on behalf of, the Company. The Company hereby designates DTC as the initial Depositary. Such Global Units shall initially be registered on the books and records of the Company in the name of Cede & Co., the nominee of DTC, and no Beneficial Holder Owner will receive a Definitive Unit representing such Beneficial HolderOwner’s interest in such Global UnitUnits, except as provided in Section 3.09. Unless and until definitive, fully registered Securities have been issued to Beneficial Holders Owners pursuant to Section 3.09: (i) the provisions of this Section 3.06 shall be in full force and effect; (ii) except as contemplated in the definition of “Holders” in Section 1.01(d), the Company shall treat be entitled to deal with the Depositary for all purposes of this Agreement (including settling the Purchase Contracts and receiving approvals, votes or consents hereunder) as the Holder of the Global Units and Global Purchase Contracts and shall have no obligation to the Beneficial HoldersOwners; (iii) to the extent that the provisions of this Section 3.06 conflict with any other provisions of this Agreement, the provisions of this Section 3.06 shall control; and (iv) the rights of the Beneficial Holders Owners shall be exercised only through the Depositary and shall be limited to those established by law and agreements between such Beneficial Holders Owners and the Depositary or the Depositary Participants.

Appears in 1 contract

Samples: Purchase Contract Agreement (William Lyon Homes)

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