Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 20 contracts
Samples: Indenture (Hvide Marine Inc), Indenture (Optel Inc), Indenture (Big Flower Press Holdings Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 17 contracts
Samples: Indenture (Gentek Inc), Indenture (General Chemical Group Inc), Indenture (Carrols Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 10 contracts
Samples: Indenture (Target Hospitality Corp.), Williams Scotsman (WillScot Mobile Mini Holdings Corp.), Supplemental Indenture (Target Hospitality Corp.)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 8 contracts
Samples: Indenture (Vertis Inc), Indenture (Vertis Inc), Indenture (Webcraft LLC)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary, its successors or the nominee of such Depositorytheir respective nominees, (ii) be delivered to the Trustee as custodian for such Depository the Depositary, its successors or their respective nominees, as the case may be, and (iii) bear the legends as set forth in Exhibit B. such Global Securities are required to bear under Section 2.17. Members of, or participants in, the Depository Depositary ("Agent Members"“Participants”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 8 contracts
Samples: Note Purchase Agreement (Broadcom Cayman L.P.), Indenture (Tivo Inc), Indenture (Avago Technologies LTD)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 3.06. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 7 contracts
Samples: Indenture (Home Depot Inc), Indenture (Dendreon Corp), Indenture (Dendreon Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 202. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository Depositary may be treated by the Company, the Guarantors, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 6 contracts
Samples: HBL LLC, Uag Mentor Acquisition LLC, Atlantic Auto Funding Corp
Book-Entry Provisions for Global Securities. (aA) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such Depositorythe Depositary, (ii) be delivered to the Trustee as custodian for such Depository the Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.17. Members of, or participants in, the Depository Depositary ("Agent Members"“Participants”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 6 contracts
Samples: Accuray Incorporated (Accuray Inc), Warrant Agreement (Savient Pharmaceuticals Inc), Accuray Incorporated (Accuray Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 202. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 6 contracts
Samples: Indenture (Entertainment Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to deposited with the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. A. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (i) 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 Depository or (ii) impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 5 contracts
Samples: Credit Agreement (Level 3 Communications Inc), Level 3 Communications Inc, Level 3 Communications Inc
Book-Entry Provisions for Global Securities. (a) The Each Transfer Restricted Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants Participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the such Global Security 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 Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 5 contracts
Samples: Carrols Restaurant Group, Inc., Indenture (Jack Cooper Logistics, LLC), Carrols Restaurant Group, Inc.
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository ("Agent Members"“Participants”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 5 contracts
Samples: Indenture (Moore Labels Inc), Indenture (Buhrmann Nederland B.V.), Indenture (Lin Television Corp)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. B hereto. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the any Global Security, and the 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 Security Securities 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 5 contracts
Samples: Indenture (Integrated Electrical Services Inc), Miller Mechanical Contractors Inc, Group Maintenance America Corp
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 202. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository Depositary may be treated by the Company, the Guarantors, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 5 contracts
Samples: Indenture (Sonic Automotive Inc), Sonic Automotive Inc, Indenture (Sonic Automotive Clearwater Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. --------- Members of, or participants in, the Depository ("Agent MembersParticipants") shall ------------ have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 4 contracts
Samples: Covenants (Encompass Services Corp), Building One Services Corp, Building One Services Corp
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C hereto. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 4 contracts
Samples: Indenture (Hermes Europe Railtel B V), Hermes Europe Railtel B V, Global Telesystems Group Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 4 contracts
Samples: Indenture (Graham Packaging Holdings Co), Aas Capital Corp, Graham Packaging Holdings Co
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Note Custodian and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 4 contracts
Samples: Ryerson Holding Corp, Ryerson Holding Corp, Ryerson International Material Management Services, Inc.
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. EXHIBIT C. Members of, or participants in, the Depository ("Agent MembersPARTICIPANTS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 4 contracts
Samples: Timber Tech Inc, MTS Inc, Metris Direct Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Section 206 and, in the case of Restricted Securities in the form of Global Securities, Section 205. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 4 contracts
Samples: Indenture (CSC Holdings Inc), Indenture (CSC Holdings Inc), Cablevision Systems Corp /Ny
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. C. Members of, or participants in, the Depository Depositary ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder beneficial holder of any Security.
Appears in 4 contracts
Samples: Indenture (Scot Inc), Falcon Products Inc /De/, Leap Wireless International Inc
Book-Entry Provisions for Global Securities. (aA) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such Depositorythe Depositary, (ii) be delivered to the Trustee as custodian for such Depository the Depositary and (iii) bear legends the legend as set forth in Exhibit B. Section 2.17. Members of, or participants in, the Depository Depositary ("Agent Members"“Participants”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 3 contracts
Samples: First Supplemental Indenture (Arris Group Inc), Indenture (Arris Group Inc), Arris Group Inc
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. A. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 3 contracts
Samples: Power Solutions International, Inc., Spartan Stores Inc, Blyth Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. A. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 3 contracts
Samples: Qwest Communications International Inc, Qwest Communications International Inc, Qwest Communications International Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Section 206 and, in the case of Restricted Securities in the form of Global Securities, Section 205. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 3 contracts
Samples: Indenture (Cablevision Systems Corp /Ny), Indenture (CSC Holdings Inc), AMC Networks Inc.
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.02. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 3 contracts
Samples: Indenture (Park Place Entertainment Corp), Security Agreement (Park Place Entertainment Corp), Park Place Entertainment Corp
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. A. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 3 contracts
Samples: Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc), Qwest Communications International Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the Depository may be treated by the CompanyHoldings, the Trustee and any agent of the Company Holdings or the Trustee as the absolute owner of the Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyHoldings, the Trustee or any agent of the Company Holdings or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 3 contracts
Samples: Definitions and Incorporation by Reference (Manischewitz B Co LLC), Lin Television Corp, WTNH Broadcasting Inc
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 3.06. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository may Depositary shall be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 3 contracts
Samples: Indenture (Western Digital Corp), Western Digital Technologies Inc, Graftech International LTD
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. Members of, or participants in, the Depository ("Agent Members"“Participants”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 3 contracts
Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Tenneco Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. EXHIBIT C. Members of, or participants in, the Depository ("Agent MembersPARTICIPANTS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the any Global Security, and the 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 any Global Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 3 contracts
Samples: Acme Television LLC, Acme Intermediate Holdings LLC, Acme Intermediate Holdings LLC
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Appendix A. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository Depositary may be treated by the Company, the Guarantors, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 2 contracts
Samples: Indenture (Penske Automotive Group, Inc.), Indenture (Penske Automotive Group, Inc.)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the such Global Security 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 Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 2 contracts
Samples: Indenture (Green Plains Inc.), Indenture (WillScot Corp)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. B hereto. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Samples: Indenture (Chemical Leaman Corp /Pa/), MTL Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. C hereto. Members of, or participants in, the Depository Depositary ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Samples: Trans Resources Inc, Trans Resources Inc
Book-Entry Provisions for Global Securities. (a) The ------------------------------------------- U.S. Global Securities and Offshore Global Securities initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.02. Members of, or participants in, the Depository Depositary ("Agent Members") shall ------------- have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Samples: Harborside Healthcare Corp, Sailors Inc
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.6(g). Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 2 contracts
Samples: Intercreditor Agreement (Airgate PCS Inc /De/), Indenture (Airgate PCS Inc /De/)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) as applicable, bear legends as set forth in Exhibit B. Section 2.02; provided, however, that Global Securities bearing the legend required under Section 2.02(a) hereof shall be certificated and held separately from Global Securities not containing such legend. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository Depositary may be treated by the Company, the Guarantor, the Trustee and any agent of the Company Company, the Guarantor or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantor, the Trustee or any agent of the Company Company, the Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 2 contracts
Samples: Impsat Fiber Networks Inc, Impsat Fiber Networks Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository the Depositary and (iii) bear the legends as set forth in Exhibit B. on the face of the Form of Security. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityHolder.
Appears in 2 contracts
Samples: Indenture (Convergys Corp), Indenture (Convergys Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Note Custodian and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the such Global Security 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 Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 2 contracts
Samples: Indenture (BlueLinx Holdings Inc.), Intercreditor Agreement (Ryerson Holding Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository or the nominee of such Depositorythe Depositary, (ii) be delivered to deposited with, or on behalf of, the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 202. Members of, or participants in, the Depository Depositary ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 2 contracts
Samples: Indenture (Concentric Network Corp), Indenture (Concentric Network Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 202. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository Depositary may be treated by the Company, the Guarantors, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Samples: Supplemental Indenture (Brooks Pharmacy, Inc.), Oxford Industries Inc
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee Trustee, as custodian for such Depository Depositary, and (iii) bear legends as set forth in Exhibit B. on the face of the form of the Senior Note or of the form of the Senior Debenture, as applicable. Members of, or participants Participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 2 contracts
Samples: Fifteenth Supplemental Indenture (Viacom Inc.), Fourth Supplemental Indenture (Viacom Inc.)
Book-Entry Provisions for Global Securities. (a) The U.S. Global Securities Security and Offshore Global Security initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.02. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 2 contracts
Samples: Indenture (Impsat Corp), Indenture (Impsat Fiber Networks Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. B hereto. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 2 contracts
Samples: Indenture (Global Telesystems Group Inc), Global Telesystems Group Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C hereto. --------- Members of, or participants in, the Depository ("Agent Members") ------------- shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the any Global Security, and the 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 Security Securities for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, Xxxxx, the Trustee or any agent of the Company Company, Xxxxx or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Samples: FLN Finance Inc, FLN Finance Inc
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary or the nominee of such Depository, Depositary and (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.5(a). Except as described in this Article II, owners of interests in the Global Securities shall not have Securities registered in their names, will not receive physical delivery of Securities in definitive form and will not be considered the registered owners or holders thereof under this Indenture for any purpose. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, Security and the Depository Depositary and/or its nominee may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the such Global Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 2 contracts
Samples: Weirton Steel Corp, Weirton Steel Corp
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends indicated on the form of Security attached hereto as set forth in Exhibit B. A. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 2 contracts
Samples: Indenture (Pricellular Corp), American Cellular Corp /De/
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 2 contracts
Samples: Credit Agreement (Republic Engineered Steels Inc), Big Flower Digital Services Delaware Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. A. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 2 contracts
Samples: Mothers Work Inc, Especialty Brands LLC
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such Depository, Depositary and (ii) be delivered to the Trustee as custodian the initial Securities Custodian for such Depository and (iii) bear legends as set forth Depositary. Beneficial interests in Exhibit B. Members of, Global Securities may be held indirectly through members of or participants in, the Depository in ("Agent Members") the Depositary (including Cedel and Euroclear in the case of the Regulation S Global Security). Agent Members shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodianSecurities Custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Richmont Marketing Specialists Inc
Book-Entry Provisions for Global Securities. (a) The U.S. Global Securities Security and Offshore Global Security initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) ii be delivered to the Trustee as custodian for such Depository Depositary and (iii) ii bear legends as set forth in Exhibit B. Section 2.05. Members of, or participants in, the Depository Depositary ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository Depositary may be treated by the Company, the Guarantor, the Trustee and any agent of the Company Company, the Guarantor or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantor, the Trustee or any agent of the Company Company, the Guarantor or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any SecuritySecurity (including the Guarantee).
Appears in 1 contract
Samples: Indenture (Vencor Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities Each Security issued in global form authenticated under this Indenture initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and Depository, (iii) bear legends as set forth in Exhibit B. B and (iv) constitute a --------- single Security for all purposes of this Indenture. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have ------------ no rights under this Indenture with respect to any Global global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global global Security, and the 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 global Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Common Depository or the nominee of such Depositoryits nominee, (ii) be delivered to the Trustee as custodian for such Common Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Common Depository, or the Trustee as its custodian, or under the Global Security, and the Common 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 Security 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 Common Depository or impair, as between the Depository Common Depository, the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Samsonite Corp/Fl)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends indicated on the form of Security attached hereto as set forth in Exhibit B. A. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Samples: Indenture and Assumption Agreement (Centennial Cellular Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Note initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Section 2.15. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the Depository, or the Trustee as its custodian, or under the any Global SecurityNote, and the Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the 35 44 absolute owner of the Global Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any SecurityNote.
Appears in 1 contract
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary, and (iii) bear legends as set forth in Exhibit B. required by SECTION 2.17. Members of, or participants in, the Depository Depositary ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Medis Technologies LTD)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. EXHIBIT C. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation oper- ation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: International Comfort Products Corp
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Security shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian Securities Custodian for such Depository Depositary and (iii) bear legends the Global Securities legend as set forth in Exhibit A and Exhibit B. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Samples: Tva Sul Foz Do Iguacu LTD
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. B hereto. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository may Depositary shall be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of the Global Security Securities 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (United Rentals Gulf Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. D. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 1 contract
Samples: Webcraft LLC
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary, and (iii) bear legends as set forth in Exhibit B. required by SECTION 2.17. Members of, or participants in, the Depository Depositary ("Agent Members"“Participants”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Charys Holding Co Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights 33 -33- under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Roma Fort Worth Inc)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security, if any, initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 202. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository Depositary may be treated by the Company, the Guarantors, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Samples: Indenture (Sai Tn Hc2, LLC)
Book-Entry Provisions for Global Securities. (a) The U.S. Global Securities Security and Offshore Global Security initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.02. Members of, or participants in, the Depository Depositary ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the such Global Security 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 Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 1 contract
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Section 2.14. Members of, or participants in, the Depository ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the any Global Security, and the 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 each Global Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Verasun Energy Corp
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.or
Appears in 1 contract
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends the legend as set forth in Exhibit B. Section 2.17. Members of, or participants in, the Depository Depositary ("Agent Members"“Participants”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Terremark Worldwide Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. ---------- Members of, or participants in, the Depository ("Agent MembersParticipants") shall ------------ have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Leslies Poolmart Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository Depositary ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository Depositary 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Classic Communications Inc
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 202. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository Depositary may be treated by the Company, the Guarantors, the Trustee and any agent of the Company or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, 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 Depository - 66 - Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Brooks Pharmacy, Inc.
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. Neither the Company nor any agent of the Company shall have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a Global Security, or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Members of, or participants in, the Depository ("Agent Members"“Participants”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Bway Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants Participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the such Global Security 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 Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 1 contract
Samples: American Woodmark Corp
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for 69 -59- such Depository and (iii) bear legends as set forth in Exhibit B. C. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Tenneco Automotive Inc)
Book-Entry Provisions for Global Securities. (a) The U.S. Global Securities and Offshore Global Securities initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.02. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 1 contract
Samples: Indenture (Kansas City Southern)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. 59 Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Golden Sky Systems Inc)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Security shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.05. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Samples: Zd Inc
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Note Custodian and (iii) bear legends as set forth in Exhibit B. may be required by Section 2.6(e). Members of, or participants Participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository Depositary may be treated by the Company, the Trustee Trustee, the Notes Collateral Agent and any agent of the Company or the Trustee as the absolute owner of the such Global Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder Beneficial Owner of any SecurityNote. The rights of Beneficial Owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely on and shall be fully protected in relying upon any information furnished by the Depositary with respect to any Beneficial Owners.
Appears in 1 contract
Samples: Indenture (LiveWatch Security, LLC)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Security shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.05. Members of, or participants in, the Depository Depositary ("Agent MembersAGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Samples: Indenture (Usec Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary for the Global Securities, (ii) be delivered to deposited with, or on behalf of, the Trustee Depositary or with the Trustee, as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. C. --------- Members of, or participants in, the Depository Depositary ("Agent MembersParticipants") shall ------------ have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder beneficial holder of any Security.
Appears in 1 contract
Samples: Cadmus Communications Corp/New
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to deposited with, or on behalf of, the Depository or with the Trustee as custodian for such the Depository and (iii) bear legends as set forth in Exhibit B. Section 2.2. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, Depository or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depository, or shall impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Samples: Bally Total Fitness Holding Corp
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Covenants (Rti Capital Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 203. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security. The registered holder of a Global Security may grant proxies and otherwise authorize any person, including Agent Members and persons that may hold interests through Agent Members, to take any action which a Holder is entitled to take under this Indenture or the Securities.
Appears in 1 contract
Samples: Valujet Inc
Book-Entry Provisions for Global Securities. (a) The U.S. Global Securities and Offshore Global Securities initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.03 hereof. Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository Depositary may be treated by the CompanyIssuer, the Guarantors, the Trustee and any agent of the Company Issuer, the Guarantors or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Guarantors, the Trustee or any agent of the Company Issuer, the Guarantors or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder Beneficial Owner of any Security.
Appears in 1 contract
Samples: Indenture (Kansas City Southern)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Leslies Poolmart Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Section 206 and, in the case of Restricted Securities in the form of Global Securities, Section 205. 41 Members of, or participants in, the Depository ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (Cablevision Systems Corp)
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Note Custodian and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants Participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of the such Global Security 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 Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 1 contract
Samples: Indenture (Kemet Corp)
Book-Entry Provisions for Global Securities. (aA) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. SECTION 2.17. Members of, or participants in, the Depository Depositary ("Agent MembersPARTICIPANTS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Indenture (SFBC International Inc)
Book-Entry Provisions for Global Securities. (a) The U.S. Global Securities, Offshore Global Securities and the Registered Global Securities initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 202. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Samples: Corporacion Durango Sa De Cv/
Book-Entry Provisions for Global Securities. (aA) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such Depositorythe Depositary, (ii) be delivered to the Trustee as custodian for such Depository the Depositary and (iii) bear legends as set forth in Exhibit B. SECTION 2.17. Members of, or participants in, the Depository Depositary ("Agent MembersPARTICIPANTS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository Depositary may be treated by the Company, the Trustee and the Securities Agent and any agent of the Company or Company, the Trustee and the Securities Agent as the absolute owner of the Global Security for all purposes whatsoeverwhatsoever and the beneficial owners of the Securities will be entitled only to those rights and benefits afforded to them in accordance with the Depositary's regular operating procedures. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee Trustee, the Securities Agent or any agent of the Company Company, the Trustee or the Trustee Securities Agent from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary, or its nominee, as the case may be, or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Book-Entry Provisions for Global Securities. (a) The Each Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodianNote Custodian, or under the Global SecurityNote, and the Depository may Depositary 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 Security Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 1 contract
Samples: VWR Funding, Inc.
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. SECTION 2.17. Members of, or participants in, the Depository Depositary ("Agent MembersPARTICIPANTS") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global Security, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Certain Registration Rights Agreement (Terremark Worldwide Inc)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C hereto. Members of, or participants in, the Depository ("Agent MembersParticipants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository Depositary for such Global Security or the nominee of such DepositoryDepositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Exhibits A and B hereto. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the such Global Security, and the Depository 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 Security 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 Depository Depositary or shall impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder holder of any Security.
Appears in 1 contract
Samples: Indenture (Republic Services Inc)
Book-Entry Provisions for Global Securities. (a) The Each Transfer Restricted Global Securities initially Note shall (i) be registered in the name of the Depository Depositary for such Global Notes or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. required by Section 2.6(e). Members of, or participants Participants in, the Depository Depositary ("“Agent Members"”) shall have no rights under this Indenture with respect to any Global Security Note held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the Global SecurityNote, and the Depository 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 Security 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 Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any SecurityNote.
Appears in 1 contract
Samples: Salem Media Group, Inc. /De/
Book-Entry Provisions for Global Securities. (a) The Each Global Securities Security initially shall (i) be registered in the name of the Depository for such Global Security or the nominee of such Depository, Depository and (ii) be delivered to the Trustee as custodian the initial Securities Custodian for such Depository and (iii) bear legends as set forth Depository. Beneficial interests in Exhibit B. Members of, Global Securities may be held indirectly through members of or participants in, the Depository in ("Agent Members") the Depository (including Cedel and Euroclear in the case of the Regulation S Global Security). Agent Members shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodianSecurities Custodian, or under the such Global Security, and the Depository 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 Security 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 Depository or shall impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Supplemental Indenture (Werner Holding Co Inc /Pa/)
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. C. --------- Members of, or participants in, the Depository ("Agent MembersParticipants") shall ------------ have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a Holder of any beneficial owner in a Global Security.
Appears in 1 contract
Samples: Bedding Experts Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) as applicable, bear legends as set forth in Exhibit B. Section 2.02; provided, however, that Global Securities bearing the legend required under Section 2.02(a) hereof shall be certificated and held separately from Global Securities not containing such legend. Members of, or participants in, the Depository Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository Depositary may be treated by the Company, the Guarantor, the Trustee and any agent of the Company Company, the Guarantor or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantor, the Trustee or any agent of the Company Company, the Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 1 contract
Samples: Impsat Fiber Networks Inc
Book-Entry Provisions for Global Securities. (a) The Each U.S. Global Securities Security and Offshore Global Security initially shall (i) be registered in the name of the Depository Depositary for such Global Securities or the nominee of such DepositoryDepositary, (ii) be delivered to the Trustee as custodian for such Depository Depositary and (iii) bear legends as set forth in Exhibit B. Section 2.02. Members of, or participants in, the Depository Depositary ("Agent Members") ------------- shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositoryDepositary, or the Trustee as its custodian, or under the any Global Security, and the Depository Depositary may be treated by the Company, the Guarantor, the Trustee and any agent of the Company Company, the Guarantor or the Trustee as the absolute owner of the such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantor, the Trustee or any agent of the Company Company, the Guarantor or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depository Depositary or impair, as between the Depository Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder beneficial owner of any Security.
Appears in 1 contract
Samples: Icg Communications Inc
Book-Entry Provisions for Global Securities. (a) The Global Securities initially shall (i) be registered in the name of the Depository or the nominee of such Depository, (ii) be delivered to the Trustee as custodian for such Depository and (iii) bear legends as set forth in Exhibit B. Members of, or participants in, the Depository ("Agent Members") shall ------------- have no rights under this Indenture with respect to any Global Security held on their behalf by the Depository, or the Trustee as its custodian, or under the Global Security, and the 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 Security 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 Depository or impair, as between the Depository and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Security.
Appears in 1 contract
Samples: Call Points Inc
