Book-Entry Provisions for Global Notes. The Notes initially shall be issued in the form of one or more Global Notes (i) registered in the name of Cede & Co., as nominee of the Depositary, and (ii) delivered to the Trustee, as custodian for the Depositary. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of any Holder.
Appears in 17 contracts
Samples: Supplemental Indenture (Tyson Foods, Inc.), Supplemental Indenture (Tyson Foods, Inc.), Supplemental Indenture (Tyson Foods, Inc.)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depositary Depository (“Agent MembersParticipants”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 10 contracts
Samples: Indenture (Omega Healthcare Investors Inc), Indenture (OHI Healthcare Properties Limited Partnership), Indenture (OHI Healthcare Properties Limited Partnership)
Book-Entry Provisions for Global Notes. The Notes Each Global Note initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such global Note or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 202. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 4 contracts
Samples: Indenture (Mediacom Broadband Corp), Indenture (Mediacom LLC), Indenture (Mediacom LLC)
Book-Entry Provisions for Global Notes. The Notes initially shall be issued (a) Unless otherwise specified in an Officers’ Certificate or as provided in 2.15(b) below, the form of one or more Global Notes shall (i) be registered in the name of Cede & Co., as the Depositary or a nominee of the such Depositary, and (ii) be delivered to the Trustee, Note Custodian for such Depositary and (iii) bear such legends as custodian for the Depositarymay be required by Appendix A hereto. Members of, or participants in, the Depositary (“Agent MembersParticipants”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, Depositary or the Trustee as its custodianNote Custodian, or under the Global NoteNotes, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee Agent as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent MembersParticipants, the operation of Depositary’s customary practices procedures governing the exercise of the rights of a Holder or beneficial owner of any HolderNote.
Appears in 4 contracts
Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Book-Entry Provisions for Global Notes. The Notes Each Global Note initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such global Note or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 202. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 3 contracts
Samples: Indenture (Paragon Health Network Inc), Indenture (Details Inc), Indenture (Colortyme Inc)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 3 contracts
Samples: Indenture (Young Broadcasting Inc /De/), Indenture (Young Broadcasting Inc /De/), Indenture (Saks Inc)
Book-Entry Provisions for Global Notes. (a) The U.S. Global Notes and Offshore Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Notes or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 2.02. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the any Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a beneficial owner of any HolderNote.
Appears in 3 contracts
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (TFM Sa De Cv), Indenture (Kansas City Southern)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderSenior Note.
Appears in 3 contracts
Samples: Indenture (Mariner Health Care Inc), Indenture (Superior Telecommunications Inc), Indenture (Mariner Post Acute Network Inc)
Book-Entry Provisions for Global Notes. The Notes Each Global Note initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Note or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 202. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 2 contracts
Samples: Indenture (Mediacom Capital Corp), Indenture (Mediacom Broadband Corp)
Book-Entry Provisions for Global Notes. (a) The U.S. Global Notes and Offshore Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Notes or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 2.02. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any HolderNote.
Appears in 2 contracts
Samples: Indenture (Pagemart Wireless Inc), Indenture (Powertel Inc /De/)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“Agent Members”"Participants") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 2 contracts
Samples: Indenture (Trinity Marine Products, Inc.), Indenture (Trinity Industries Inc)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit C. --------- Members of, or participants in, the Depositary Depository (“Agent Members”"Participants") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 2 contracts
Samples: Indenture (Cambridge Industries Inc /De), Indenture (Armstrong Containers Inc)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in EXHIBIT C. Members of, or participants in, the Depositary Depository (“Agent Members”"Participants") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 2 contracts
Samples: Indenture (Garden State Newspapers Inc), Indenture (Perry-Judds Inc)
Book-Entry Provisions for Global Notes. The Notes initially (a) Each Global Note shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Notes or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as required by Section 2.6(e). Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodianNote Custodian, or under the Global Note, and the Depositary may will be treated by the Company, the Trustee Note Custodian and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee Trustee, Note Custodian or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 2 contracts
Samples: Indenture (Nuveen Investments Holdings, Inc.), Indenture (Nuveen Investments Holdings, Inc.)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depositary and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary (“each an "Agent Members”Member") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the 29 -26- Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 2 contracts
Samples: Indenture (Spincycle Inc), Indenture (Spincycle Inc)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depositary Depository (“Agent Members”"PARTICIPANTS") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 2 contracts
Samples: Indenture (MAAX Holdings, Inc.), Indenture (MAAX Holding Co.)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the DepositaryDepository, and (ii) be delivered to the Trustee, Trustee as custodian for the DepositaryDepository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depositary Depository (“Agent Members”"PARTICIPANTS") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may -27- 31 be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderSenior Note.
Appears in 1 contract
Samples: Indenture (Unison Healthcare Corp)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) registered be regis tered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Glo bal Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary custom ary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depository and (iii) bear legends as set forth in Exhibit B as applicable. Members of, or participants in, the Depositary Depository (“Agent MembersParticipants”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in EXHIBIT B. Members of, or participants in, the Depositary Depository (“Agent Members”"DEPOSITORY PARTICIPANTS") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global NoteNotes, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersDepository Participants, the operation of customary practices governing the exercise of the rights of a holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Agent MembersParticipants”) shall have no rights under this First Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a holder or beneficial owner of any HolderNote.
Appears in 1 contract
Samples: First Supplemental Indenture (Western Digital Corp)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“Agent Members”"Participants") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Norcraft Companies Lp)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for such Depository and (iii) bear legends set forth on Exhibit C hereto under the Depositary. heading "Form of Legend for Global Notes." Members of, or participants in, the Depositary Depository (“Agent Members”"Participants") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Amo Holdings LLC)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depository and (iii) bear legends as set forth in Section 2.15. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global NoteNotes, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 2.17. Members of, or participants in, the Depositary (“Agent Members”"PARTICIPANTS") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note Notes held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global NoteNotes, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of any a Holder.
Appears in 1 contract
Samples: Indenture (Lecroy Corp)
Book-Entry Provisions for Global Notes. (a) The Notes initially shall be issued in the form of one or more Global Notes shall (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Pierce Leahy Corp)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or direct or indirect participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Outdoor Systems Inc)
Book-Entry Provisions for Global Notes. The Notes Each Global Note initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Note or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 202. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impairshall im- pair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of such Depository, (ii) be delivered to the DepositaryTrustee as custodian for such Depository, and (iiiii) delivered to bear the Trustee, legends as custodian for the Depositary. set forth in Exhibit A. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global NoteNotes, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent Agent of the Company Issuer or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent Agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Pahc Holdings Corp)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in EXHIBIT B. Members of, or participants in, the Depositary Depository (“Agent Members”"AGENT MEMBERS") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderSenior Note.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depository and (iii) bear legends as set forth in Exhibit B, as applicable. Members of, or participants in, the Depositary Depository (“Agent MembersParticipants”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Pilgrims Pride Corp)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Petersen Holdings LLC)
Book-Entry Provisions for Global Notes. (a) The Rule 144A Global Notes and Regulation S Global Notes initially shall be issued in the form of one or more Global Notes shall:
(i) be registered in the name of Cede & Co., the Common Depositary as the nominee of the Depositary, and ;
(ii) be delivered to the Trustee, Common Depositary as custodian for the Depositary; and
(iii) bear legends as set forth in Section 2.02 hereof. Members of, or participants in, the Depositary (“Agent Members”"Participants") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee Common Depositary as its custodian, or under the such Global Note, and the Common Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or Common Depositary or impair, as between the Depositary and its Agent Membersthe Participants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Notes Restricted Global Note and Regulation S Global Note initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Notes or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 2.01. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Kragen Auto Supply Co)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depositary and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary (“Agent Members”"Participants") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. The Notes Each Global Note initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Note or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 202. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderSecurity.
Appears in 1 contract
Samples: Indenture (Colortyme Inc)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit C. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the any Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the nominee of the DepositaryThe Depository Trust Company, and (ii) be delivered to the Trustee, Registrar as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B.
(b) Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Registrar or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Lomak Petroleum Inc)
Book-Entry Provisions for Global Notes. (a) The U.S. -------------------------------------- Global Notes and Offshore Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Notes or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 2.02. Members of, or participants in, the Depositary (“"Agent Members”") shall have ------------- no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Marvel Enterprises Inc)
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depository and (iii) bear legends as set forth in Section 2.15. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global NoteNotes, and the Depositary Depository may be treated by the Company, the Trustee and any agent Agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent Agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Penhall Co)
Book-Entry Provisions for Global Notes. The Notes initially shall be issued in the form of one or more Global Notes without interest coupons (i) registered in the name of Cede & Co., as nominee of the Depositary, and (ii) delivered to the Trustee, Trustee as custodian for the Depositary. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of any Holder.
Appears in 1 contract
Book-Entry Provisions for Global Notes. (a) The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositary. such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depositary Depository (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other -45- authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (RCN Corp /De/)
Book-Entry Provisions for Global Notes. The Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depository or the nominee of the Depositarysuch Depository, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depository and (iii) bear legends as set forth in Exhibit B as applicable. Members of, or participants in, the Depositary Depository (“Agent MembersParticipants”) shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global Note, and the Depositary Depository may be treated by the CompanyESH REIT, the Trustee and any agent of the Company ESH REIT or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyESH REIT, the Trustee or any agent of the Company ESH REIT or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (ESH Hospitality, Inc.)
Book-Entry Provisions for Global Notes. (a) The U.S. Global Notes and Offshore Global Notes initially shall be issued in the form of one or more Global Notes (i) be registered in the name of Cede & Co., as the Depositary for such Global Notes or the nominee of the such Depositary, and (ii) be delivered to the Trustee, Trustee as custodian for the Depositarysuch Depositary and (iii) bear legends as set forth in Section 2.02. Members of, or participants in, the Depositary (“"Agent Members”") shall have no rights under this Supplemental Indenture or the Original Indenture with respect to any Global Note held on their behalf by the Depositary, or the Trustee as its custodian, or under the such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any HolderNote.
Appears in 1 contract
Samples: Indenture (Citizens Banking Corp)