Common use of Book-Entry Provisions for Global Securities Clause in Contracts

Book-Entry Provisions for Global Securities. (a) Each Global Security initially shall (i) be registered in the name of the Depositary for such Global Securities or the nominee of such Depositary, (ii) be delivered to the Trustee as custodian for such Depositary and (iii) bear legends as set forth in Section 3.06. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Security, and the Depositary may be treated by the Company, each Guarantor, if any, the Trustee and any of their respective agents as the absolute owner of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any of such agents from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any Security.

Appears in 3 contracts

Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Axsome Therapeutics, Inc.), Indenture (Valeritas Holdings Inc.)

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Book-Entry Provisions for Global Securities. (a) Each Global Security initially shall (i) be registered in the name of the Depositary for such Global Securities Security or the nominee of such Depositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depositary and (iii) bear legends as set forth in Section 3.06202. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary, or the Trustee as its custodian, or under the such Global Security, and the Depositary may be treated by the Company, each Guarantor, if any, the Trustee and any agent of their respective agents the Company or the Trustee as the absolute owner of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any agent of such agents the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any Security.

Appears in 3 contracts

Samples: Indenture (Mallard & Mallard of La Inc), Exhibit (Tri R of Orlando Inc), Exhibit (Autobahn Inc)

Book-Entry Provisions for Global Securities. (a) Each The Global Security Securities initially shall (i) be registered in the name of the Depositary for such Global Securities Depository or the nominee of such DepositaryDepository, (ii) be delivered to the Trustee as custodian for such Depositary Depository and (iii) bear legends as set forth in Section 3.06Exhibit C hereto. Members of, or direct or indirect participants in, the Depositary Depository (“Agent Members”"Participants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the DepositaryDepository, or the Trustee as its custodian, or under the Global SecuritySecurities, and the Depositary Depository may be treated by the Company, each Guarantor, if any, the Trustee and any agent of their respective agents the Company or the Trustee as the absolute owner of such the Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any agent of such agents the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a holder Holder of any Security.

Appears in 1 contract

Samples: Indenture (Autotote Corp)

Book-Entry Provisions for Global Securities. (a) Each The Global Security Securities initially shall (i) be registered in the name of the Depositary for such Global Securities or the nominee of such Depositary, (ii) be delivered to the Trustee as custodian for such Depositary and (iii) bear legends the legend for Global Securities as set forth in Section 3.06Exhibit B(II). Members of, or participants in, the Depositary (“Agent Members”"Participants") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Security, and the Depositary may be treated by the Company, each Guarantor, if any, the Trustee and any agent of their respective agents the Company or the Trustee as the absolute owner of such the Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any agent of such agents the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent MembersParticipants, the operation of customary practices governing the exercise of the rights of a holder Holder of any Security.

Appears in 1 contract

Samples: Indenture (Venator Group Inc)

Book-Entry Provisions for Global Securities. (a) Each The Global Security Securities initially shall (i) be registered in the name of the Depositary for such Global Securities or the nominee of such Depositary, (ii) be delivered to the Trustee as custodian for such the Depositary and (iii) bear legends as set forth on the face of the form of Security in Section 3.062.02. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Security, and the Depositary may be treated by the Company, each Guarantor, if any, the Trustee and any agent of their respective agents the Company or the Trustee as the absolute owner of such the Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any agent of such agents the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any SecurityHolder.

Appears in 1 contract

Samples: Indenture (Mercury Interactive Corporation)

Book-Entry Provisions for Global Securities. (a) Each The Global Security Securities initially shall (i) be registered in the name of the Depositary for such Global Securities or the nominee of such Depositary, (ii) be delivered to the Trustee as custodian for such the Depositary and (iii) bear legends as set forth on the face of the form of Security in Section 3.062.02. ---- Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary, or the Trustee as its custodian, or under the Global Security, and the Depositary may be treated by the Company, each Guarantor, if any, the Trustee and any agent of their respective agents the Company or the Trustee as the absolute owner of such the Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any agent of such agents the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any SecurityHolder.

Appears in 1 contract

Samples: Indenture (Advanced Micro Devices Inc)

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Book-Entry Provisions for Global Securities. (a) Each The Global Security Securities initially shall (i) be registered in the name of the Depositary for such Global Securities Security or the nominee of such Depositary, (ii) be delivered to deposited with, or on behalf of, the Depositary or with the Trustee as custodian for such Depositary and (iii) bear legends as set forth in Section 3.06202. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary, or the Trustee as its custodian, or under the such Global Security, and the Depositary may be treated by the Company, each Guarantor, if any, the Trustee and any agent of their respective agents the Company or the Trustee as the absolute owner of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any agent of such agents the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder of any Security.

Appears in 1 contract

Samples: Indenture (Zale Delaware Inc)

Book-Entry Provisions for Global Securities. (a) Each The Global Security Securities initially shall ------------------------------------------- (i) be registered in the name of the Depositary for such Global Securities or the nominee of such Depositary, (ii) be delivered to the Trustee as custodian for such Depositary and (iii) bear legends as set forth in Section 3.06the Global Securities Legend. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under this ------------- Indenture with respect to any Global Security held on their behalf by the Depositary, or the Trustee as its custodian, or under the such Global Security, and the Depositary may be treated by the Company, each Guarantor, if any, the Trustee and any agent of their respective agents the Company or the Trustee as the absolute owner of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any agent of such agents the Company or the Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder Holder of any Security.

Appears in 1 contract

Samples: Indenture (Harborside Healthcare Corp)

Book-Entry Provisions for Global Securities. (a) Each The ------------------------------------------- Global Security Securities initially shall (i) be registered in the name of the Depositary for such Global Securities or the nominee of such Depositary, (ii) be delivered to the Trustee as custodian for such Depositary and (iii) bear legends as set forth in Section 3.06the Global Securities Legend. Members of, or participants in, the Depositary ("Agent Members") shall have ------------- no rights under this Indenture with respect to any Global Security held on their behalf by the Depositary, or the Trustee as its custodian, or under the such Global Security, and the Depositary may be treated by the Company, each Guarantor, if any, the Trustee and any agent of their respective agents the Company or the Trustee as the absolute owner of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, each such Guarantor, the Trustee or any agent of such agents the Company or the Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices governing the exercise of the rights of a holder Holder of any Security.

Appears in 1 contract

Samples: Indenture (Harborside Healthcare Corp)

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