Common use of Book-Entry Provisions Clause in Contracts

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 22 contracts

Samples: Twentieth Supplemental Indenture (Hewlett Packard Enterprise Co), Nineteenth Supplemental Indenture (Hewlett Packard Enterprise Co), Sixteenth Supplemental Indenture (Hewlett Packard Enterprise Co)

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Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 21 contracts

Samples: Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc), Supplemental Indenture (Level 3 Communications Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 20 contracts

Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 13 contracts

Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 13 contracts

Samples: Indenture (Gray Television Inc), Gray Television Inc, Supplemental Indenture (E.W. SCRIPPS Co)

Book-Entry Provisions. This Section 2.1(c2.1(f) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee or an authentication agent shall, in accordance with this Section 2.1(c2.1(f) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuers signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary DTC (“Agent Members) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary DTC or impair, as between the Depositary DTC and its their respective Agent Members, the operation of customary practices of such Depositary thereof governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 13 contracts

Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 12 contracts

Samples: Credit Agreement (United Rentals Highway Technologies Gulf, LLC), United Rentals Highway Technologies Gulf, LLC, United Rentals North America Inc

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer, the Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 11 contracts

Samples: Indenture (Affinion Group, Inc.), Indenture (Hexion Inc.), Indenture (Affinion Group, Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 11 contracts

Samples: Senior Notes Indenture (WeWork Inc.), Pledge and Security Agreement (WeWork Inc.), Senior Notes Indenture (TTM Technologies Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 10 contracts

Samples: Indenture (NCR Corp), Indenture (NCR Corp), Indenture (NCR Corp)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 10 contracts

Samples: Tia Indenture (Rite Aid Corp), Supplemental Indenture (Stone Energy Corp), Security Agreement (Rite Aid Corp)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryNotes. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the such Depositary or by the Trustee as Custodian Custodian, or under such Global Note, and the such Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 9 contracts

Samples: Indenture (Forestar Group Inc.), Indenture (Howard Hughes Corp), Indenture (Howard Hughes Corp)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 9 contracts

Samples: Indenture (Magellan Health Services Inc), Indenture (Argo Tech Corp), Alamosa (Alamosa Holdings LLC)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 9 contracts

Samples: Senior Notes Indenture (Hanesbrands Inc.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 9 contracts

Samples: Supplemental Indenture (Land O Lakes Inc), Indenture (Uniplast Industries Co), Wki Holding Co Inc

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, in the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 9 contracts

Samples: Indenture (Crocs, Inc.), Supplemental Indenture (Crocs, Inc.), Supplemental Indenture (Energizer Holdings, Inc.)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 8 contracts

Samples: Indenture (Rite Aid Corp), Indenture (Rite Aid Corp), Indenture (Amc Entertainment Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, in the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 7 contracts

Samples: Tempur Sealy International, Inc., Tempur Sealy International, Inc., Indenture (Tempur Sealy International, Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture this indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 6 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Inc), Indenture (Marquee Holdings Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 6 contracts

Samples: Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture this indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 6 contracts

Samples: Intercreditor Agreement (National CineMedia, LLC), National CineMedia, LLC, Intercreditor Agreement (National CineMedia, LLC)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf Ownership of beneficial interests in the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered limited to persons that have accounts with DTC or persons that may hold interests through such participants, including through Euroclear and Clearstream. Ownership of beneficial interests in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) transfers thereof shall be delivered by the Trustee subject to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee restrictions on transfer and certification requirements as Custodianset forth herein. Members of, or participants in, the Depositary (“Agent Members”) Participants and Indirect Participants shall have no rights under the this Indenture or any Global Note with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian or under such Global Notecustodian for the Depository, and the Depositary may Depository shall be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants or Indirect Participants, the Applicable Procedures or the operation of customary practices of such Depositary the Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 6 contracts

Samples: Indenture (Vistra Corp.), Vistra Corp., Vistra Corp.

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuers signed by one authorized officer Officer of the Companyeach Issuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 6 contracts

Samples: Indenture (Anywhere Real Estate Group LLC), Indenture (Realogy Group LLC), Indenture (Realogy Group LLC)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the U.S. Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company), authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the U.S. Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the U.S. Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the U.S. Trustee as the Custodian or under such Global Note, and the Depositary may be treated by the Company, the U.S. Trustee and any agent of the Company or the U.S. Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the U.S. Trustee or any agent of the Company or the U.S. 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 of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.

Appears in 5 contracts

Samples: Supplemental Indenture (Open Text Corp), Supplemental Indenture (Open Text Corp), Supplemental Indenture (Open Text Corp)

Book-Entry Provisions. This Section 2.1(c2.1(d) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(d) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 5 contracts

Samples: Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a the Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more the Global Notes that Note, which (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such the Depositary and (ii) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Agent Members of, or participants in, the Depositary (“Agent Members”) shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian custodian for the Depositary or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.

Appears in 5 contracts

Samples: Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co), Tia Indenture (Cast Alloys Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order signed by one authorized officer of the Companyan Authentication Order, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.

Appears in 5 contracts

Samples: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company), authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as the Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note. The Company has entered into a letter of representations with the Depositary in the form provided by the Depositary and the Trustee and each Agent are hereby authorized to act in accordance with such letter and Applicable Procedures. Neither the Trustee nor any Agent shall have responsibility for any actions taken or not taken by the Depositary.

Appears in 5 contracts

Samples: Indenture (MSCI Inc.), Indenture (MSCI Inc.), Indenture (MSCI Inc.)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers, the Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Guarantors, the Trustee or any agent of the Company Issuers, the Guarantors or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 5 contracts

Samples: Indenture (Momentive Specialty Chemicals Inc.), Indenture (Hexion Specialty Chemicals, Inc.), Indenture (Hexion Specialty Chemicals, Inc.)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a the Global Note Notes deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more the Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes Depository or the nominee of such Depositary the Depository and (ii) shall be delivered by the Trustee to such Depositary the Depository or pursuant to such Depositary’s the Depository's instructions or held by the Trustee as Note Custodian. Agent Members of, or participants in, the Depositary (“Agent Members”) shall have no rights either under the this Indenture with respect to any Global Note Notes held on their behalf by the Depositary Depository or by the Trustee as Note Custodian or under such Global NoteNotes, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note Notes for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder an owner of a beneficial interest in any the Global NoteNotes.

Appears in 5 contracts

Samples: First Supplemental Indenture (Adelphia Communications Corp), Fourth Supplemental Indenture (Adelphia Communications Corp), Third Supplemental Indenture (Adelphia Communications Corp)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository, and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 4 contracts

Samples: Indenture (Alamosa Delaware Inc), Alamosa Delaware Inc, Alamosa Holdings Inc

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 4 contracts

Samples: Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC), Indenture (Boise Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order signed by one authorized officer of the Companyan Authentication Order, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 4 contracts

Samples: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp), Senior Secured Notes Indenture (CIMPRESS PLC)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Base Indenture and pursuant to a Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 4 contracts

Samples: Supplemental Indenture (GE HealthCare Technologies Inc.), First Supplemental Indenture (Solventum Corp), First Supplemental Indenture (3m Co)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Base Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 4 contracts

Samples: Indenture (Kraft Heinz Co), Eighth Supplemental Indenture (Kraft Heinz Co), Fourth Supplemental Indenture (Kraft Heinz Co)

Book-Entry Provisions. This Section 2.1(c2.2(c) shall apply only to a Global Note Securities deposited with or on behalf of the DepositaryDepository. The Company Each of the Issuer and Co-Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2(c), authenticate and deliver initially one or more Global Notes Securities that shall be (i) shall be registered in the name of the Depositary nominee of the Depository for such Global Note Security or Global Notes or the nominee of such Depositary Securities and (ii) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee Trustee’s agent as Custodiancustodian for the Depository. Agent Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by Trustee, as custodian for the Trustee as Custodian Depository or under such the Global NoteSecurity, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee Co-Issuer, the Trustee, and any agent of the Company Issuer, the Co-Issuer or the Trustee as the absolute owner of such Global Note Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee Co-Issuer, the Trustee, or any agent of the Company Issuer, the Co-Issuer or the Trustee Trustee, from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 4 contracts

Samples: Cdo Servicing Agreement (Gramercy Capital Corp), Cdo Servicing Agreement (Gramercy Capital Corp), Gramercy Real (Gramercy Capital Corp)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 4 contracts

Samples: Collateral Agreement (Qwest Corp), Collateral Agreement (Qwest Corp), Collateral Agreement (Qwest Corp)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 4 contracts

Samples: Indenture (PT Indosat TBK), Indenture (PT Indosat TBK), Indosat International (PT Indosat TBK)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 4 contracts

Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), United Rentals Inc /De

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee Trustee, upon receipt of a written order of the Company in the form of an Officers’ Certificate, shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 4 contracts

Samples: Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 4 contracts

Samples: Indenture (Tesla, Inc.), Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a ---------------------- Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 4 contracts

Samples: Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co, Eagle Family Foods Inc

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute Upon receipt of (and the Trustee shall, in accordance with this Section 2.1(cthe instructions set forth in) and Section 303 an Authentication Order of the Indenture and pursuant to a Company Order signed by one authorized officer of delivered in accordance with the CompanyIndenture, the Trustee shall authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the Cede & Co., as nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary or its nominee as registered Holder of such Global Note may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee Trustee, each Agent or any agent of the Company or the Trustee or such Agent 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 of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteNote (a “Book-Entry Interest”). Transfers of Book-Entry Interests shall be subject to Applicable Procedures.

Appears in 4 contracts

Samples: Block, Inc., Coinbase Global, Inc., Square, Inc.

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Partnership shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order an order of the Partnership signed by one authorized officer Officer of the CompanyPartnership, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyPartnership, the Trustee and any agent of the Company Partnership or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyPartnership, the Trustee or any agent of the Company Partnership 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 of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 4 contracts

Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Companyan Issuer Order, authenticate and deliver make available for delivery initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository ("Agent Members") shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 4 contracts

Samples: Supplemental Indenture (Golden State Holdings Inc), Fourth Supplemental Indenture (Golden State Holdings Inc), Supplemental Indenture (Golden State Holdings Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, in the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Marriott Ownership (MARRIOTT VACATIONS WORLDWIDE Corp), Junior Intercreditor Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee Computershare Trust Company, N.A., a national association, as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee Computershare Trust Company, N.A., a national association, as Custodian Custodian, or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Indenture (Ero Copper Corp.), Indenture (New Gold Inc. /FI), Indenture (New Gold Inc. /FI)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Notes deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, upon receipt of a Company Order, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Supplemental Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: LGI Homes, Inc., LGI Homes, Inc., LGI Homes, Inc.

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company Order signed by one authorized officer of the Companyan Officer’s Certificate, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Indenture (Syneos Health, Inc.), Second Supplemental Indenture (Charles River Laboratories International, Inc.), Supplemental Indenture (Charles River Laboratories International Inc)

Book-Entry Provisions. This Section 2.1(c2.01(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.01(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer written order of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Cede & Co. or Global Notes or the other nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as CustodianCustodian for the Depositary pursuant to a FAST Balance Certificate Agreement between the Depositary and the Trustee. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as the Custodian for the Depositary or under such Global NoteSecurity, and the Depositary or its nominee, as the case may be, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s instructions or held by the Trustee as Custodiancustodian for the Depositary. The Issuer has entered into a letter of representations with the Depositary in the form provided by the Depositary and the Trustee and each Agent is hereby authorized to act in accordance with such letter and Applicable Procedures. Members of, or participants in, in the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee shall be entitled to treat the Depositary as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, impair as between the Depositary and its Agent Members, the operation of customary practices of such the Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Supplemental Indenture (Entegris Inc), Supplemental Indenture (On Semiconductor Corp), Supplemental Indenture (Entegris Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryNotes. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the CompanyIssuers, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the such Depositary or by the Trustee as Custodian Custodian, or under such Global Note, and the such Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Indenture (Five Point Holdings, LLC), Indenture (Five Point Holdings, LLC), Indenture (Brookfield Residential Properties Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 3.01 or Section 3.03, as applicable, of the Indenture and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note. The registered Holder of a Global Note 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 Notes.

Appears in 3 contracts

Samples: Indenture (Office Properties Income Trust), Supplemental Indenture (Office Properties Income Trust), Indenture (Diversified Healthcare Trust)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as CustodianNotes Custodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer, the Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, or the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Supplemental Indenture (Capmark Finance Inc.), Supplemental Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee or its Authenticating Agent shall, in accordance with this Section 2.1(c) and Section 303 of the Base Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Indenture (Kraft Heinz Co), Second Supplemental Indenture (Kraft Heinz Co), First Supplemental Indenture (Kraft Heinz Co)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee or an Authentication Agent shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the Indenture and Section 2.2 and pursuant to a Company Order signed by one authorized officer of the Companyan Authentication Order, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodianinstructions. Members of, or direct or indirect participants in, the Depositary Euroclear or Clearstream (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and . So long as the Depositary may or any of its nominees is the registered holder of a Global Note, the Depositary or such nominee will be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute sole owner and holder of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Euroclear or Clearstream or impair, as between the Depositary Euroclear or Clearstream and its their respective Agent Members, the operation of customary practices of such Depositary thereof governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Supplemental Indenture (Goodyear Tire & Rubber Co /Oh/)

Book-Entry Provisions. This Section 2.1(c2.01(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.01(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer written order of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Cede & Co. or Global Notes or the other nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodian. Members of, or participants in, custodian for the Depositary (“pursuant to a FAST Balance Certificate Agreement between the Depositary and the Trustee. Agent Members”) Members shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc), Amkor International Holdings, LLC

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a Company Order an order of the Issuer signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Security Agreement (Western Digital Corp), Indenture (Western Digital Corp), ciusb.com.uy

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Indenture (Raghsa S.A.), Indenture (Raghsa S.A.), Senior Notes Indenture (Darling Ingredients Inc.)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 3 contracts

Samples: Fifteenth Supplemental Indenture (Standard Pacific Corp /De/), Sixteenth Supplemental Indenture (Standard Pacific Corp /De/), Paying Agent (Standard Pacific Corp /De/)

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Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companytwo Officers, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (ii) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Petroquest Energy Inc), Indenture (Petroquest Energy Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Senior Notes Indenture (Neogen Corp), Senior Notes Indenture (Garden SpinCo Corp)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a the Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more the Global Notes that Notes, which (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such the Depositary and (ii) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Agent Members of, or participants in, the Depositary (“Agent Members”) shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian custodian for the Depositary or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Indenture (Mmi Products Inc), Tia Indenture (Mmi Products Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the this Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Kraft Foods Inc, Kraft Foods Group, Inc.

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.02 of the this Indenture and pursuant to a Company Order an order of the Issuers signed by one authorized officer an Officer of the Companyeach Issuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Senior Secured (Talos Energy Inc.), Senior Secured (EnVen Energy Corp)

Book-Entry Provisions. This Section 2.1(c2.01(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.01(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer written order of the Company, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Cede & Co. or Global Notes or the other nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as CustodianCustodian for the Depositary pursuant to a FAST Balance Certificate Agreement between the Depositary and the Trustee. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as the Custodian of the Depositary or under such Global NoteSecurity, and the Depositary or its nominee, as the case may be, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A and pursuant to a Company Order an order of the Issuer signed by one authorized officer Officer of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Indenture (Universal Health Services Inc), Indenture (Universal Health Services Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: www.esunbank.com.tw, Lumen Technologies, Inc.

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.01 or Section 2.02, as applicable, of the this Indenture and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Secured Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the CompanyIssuers, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee Trustee, as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee Trustee, as Custodian Custodian, or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Indenture (Alliance Holdings GP, L.P.), Indenture (Alliance Resource Partners Lp)

Book-Entry Provisions. This Section 2.1(c2. 1 (b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1 (b), authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or in the name of the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Spectrasite Holdings Inc, Spectrasite Holdings Inc

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Notes deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company), authenticate and deliver initially one or more the Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes Depository or the nominee of such Depositary the Depository and (ii) shall be delivered by the Trustee to such Depositary the Depository or pursuant to such Depositary’s the Depository's instructions or held by the Trustee as Senior Note Custodian. Members of, or participants in, the Depositary (“Agent Members”) Participants shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee Senior Note Custodian as Custodian custodian for the Depository or under such Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent MembersParticipants, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Grey Wolf Inc), Indenture (Hvide Marine Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a --------------------- Global Note Security deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary Depository for such Global Note Security or Global Notes Securities or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository ("Agent Members") shall ------------- have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note 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 Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 2 contracts

Samples: Fs Equity Partners Iii Lp, Blum Capital Partners Lp

Book-Entry Provisions. This Section 2.1(c2.2(b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.2(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Magellan Health Services Inc, Magellan Health Services Inc

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.3 of the Base Indenture and pursuant to a an order of the Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Tiffany & Co, Tiffany & Co

Book-Entry Provisions. This Section 2.1(c2.1(d) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(d) and Section 303 of the this Indenture and pursuant to a Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Kraft Foods Group, Inc.), Supplemental Indenture (Kraft Foods Inc)

Book-Entry Provisions. This Section 2.1(c2.01(c) shall apply only to a the Regulation S Global Note and the Rule 144A Global Note issued in the form of one or more permanent Global Notes (collectively, the "Global Notes") deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.01(c), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Indenture (Peregrine Systems Inc), Indenture (Peregrine Systems Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Guarantors, the Trustee and any agent of the Company Company, the Guarantors, or the Trustee as the absolute owner of such Global Note Security for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, the Trustee or any agent of the Company Company, the Guarantors, 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 of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 2 contracts

Samples: Navigator Gas Iom I-E LTD, Navigator Gas Iom I-E LTD

Book-Entry Provisions. This Section 2.1(c201(b) shall apply only to a the Global Note Security or Securities deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company201(b), authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any the Global Note Security or Securities held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note Security or 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any the Global NoteSecurity or Securities.

Appears in 2 contracts

Samples: Indenture (Calenergy Co Inc), Calenergy Co Inc

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the Common Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Common Depositary for such Global Note or Global Notes or the nominee of such the Common Depositary and (iib) shall be delivered by the Trustee to such Common Depositary or pursuant to such the Common Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, the Depositary in Euroclear and Clearstream (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Common Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Common Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Common Depositary or impair, as between the Common Depositary and its Agent Members, the operation of customary practices of such Common Depositary and its Agent Members governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Energizer Holdings, Inc.), Indenture (Energizer Holdings, Inc.)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or in the name of the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Indenture (Spectrasite Holdings Inc), Spectrasite Holdings Inc

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the applicable Depositary. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the CompanyIssuer, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the applicable Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Notes Custodian. Members of, or participants inparticipants, in the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Book-Entry Provisions. This Section 2.1(c2.02(b) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.02(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 2 contracts

Samples: Volume Services America Inc, Volume Services America Holdings Inc

Book-Entry Provisions. This Section 2.1(c2.01(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.01(c), authenticate and deliver initially one or more Rule 144A Global Notes Securities and Regulation S Global Securities that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Transcontinental Gas Pipe Line Corp), Transcontinental Gas Pipe Line Corp

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company Company, the Guarantors or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Guarantors, the Trustee or any agent of the Company Company, the Guarantors or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Indenture (Panolam Industries International Inc), Supplemental Indenture (Metals USA Plates & Shapes Southcentral, Inc.)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Notes deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company), authenticate and deliver initially one or more the Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such the Depositary and (ii) shall be delivered by the Trustee to such the Depositary or pursuant to such the Depositary’s 's instructions or held by the Trustee as Note Custodian. Members of, or participants in, the Depositary (“Agent Members”) Participants shall have no rights either under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee Note Custodian as Custodian custodian for the Depositary or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent MembersParticipants, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: R&b Falcon Corp, Harperprints Inc

Book-Entry Provisions. This Section 2.1(c2.02(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository or the Global Note Custodian, as applicable. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.02(c) and Section 303 of the Indenture and pursuant to a written order of the Company Order signed by one authorized officer of the Companyor more Officers, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository or Global Note Custodian, as applicable for such Global Note or Global Notes or the nominee of such Depositary Depository or Global Note Custodian and (iib) shall be delivered by the Trustee to such Depositary Depository or Global Note Custodian or pursuant to such DepositaryDepository’s or Global Note Custodian’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository or the Global Note Custodian, as applicable (“Agent Members”) ), shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or the Global Note Custodian, as applicable, or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository or the Global Note Custodian, as applicable, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.purposes

Appears in 2 contracts

Samples: Otelco (Otelco Telecommunications LLC), Otelco (Otelco Inc.)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.2, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such Depositary’s Depository's instructions or held by the Trustee as Custodiancustodian for the Depository. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuers, the Trustee and any agent of the Company Issuers or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuers, the Trustee or any agent of the Company Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the CompanyOfficer, authenticate and deliver initially one or more Global Notes Securities that (i) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary or its nominee, as Holder, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or its nominee, as Holder, or impair, solely as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 2 contracts

Samples: Supplemental Indenture (Riverwood Holding Inc), Supplemental Indenture (Riverwood Holding Inc)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a --------------------- Global Note Security deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.1(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes Securities that (ia) shall be registered in the name of the Depositary for such Global Note Security or Global Notes Securities or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Securities Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the this Indenture with respect to any Global Note Security held on their behalf by the Depositary or by the Trustee as Securities Custodian or under such Global NoteSecurity, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note 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 Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global NoteSecurity.

Appears in 2 contracts

Samples: Ace LTD, Tritel Finance Inc

Book-Entry Provisions. This Section Paragraph 2.1(c) shall apply only to a Global Exchange Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section Paragraph 2.1(c) and Section 303 of the Indenture Paragraph 2.2 and pursuant to a an order of the Company Order signed by one authorized officer of the Companyofficer, authenticate and deliver initially one or more Global Notes Exchange Note that (i) shall be registered in the name of the Depositary for such Global Exchange Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions instruc­tions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Exchange Note held on their behalf by the Depositary or by the Trustee as Notes Custodian or under such Global Exchange Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Exchange Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Exchange Note.

Appears in 2 contracts

Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc)

Book-Entry Provisions. This Section 2.1(c3.2(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c3.2(b) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer an order of the Company, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Note Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Note Custodian or under such Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Comstock Oil & Gas GP, LLC), Indenture (Comstock Oil & Gas GP, LLC)

Book-Entry Provisions. This Section 2.1(c2.1(b) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.1(b), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Custodiancustodian for the Depository. The Issuer has entered into a letter of representations with the Depository in the form provided by the Depository and the Trustee and each Agent is hereby authorized to act in accordance with such letter and Applicable Procedures. Members of, or participants in, in the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Custodian the custodian of the Depository or under such Global Note, and the Depositary may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee shall be entitled to treat the Depository as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, impair as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Entegris Inc), Supplemental Indenture (Entegris Inc)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a Company an Authentication Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee Computershare Trust Company, N.A., a national association, as Custodian. Members of, or participants in, the Depositary ("Agent Members") shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee Computershare Trust Company, N.A., a national association, as Custodian Custodian, or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 1 contract

Samples: Indenture (Iamgold Corp)

Book-Entry Provisions. This Section 2.1(c2.02(c) shall apply only to a Global Note deposited with or on behalf of the DepositaryDepository. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c2.02(c) and Section 303 of the Indenture and pursuant to a written order of the Company Order signed by one authorized officer of the Companyor more Officers, authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name of the Depositary Depository for such Global Note or Global Notes or the nominee of such Depositary Depository and (iib) shall be delivered by the Trustee to such Depositary Depository or pursuant to such DepositaryDepository’s instructions or held by the Trustee as Notes Custodian. Members of, or participants in, the Depositary Depository (“Agent Members”) shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary Depository or by the Trustee as Notes Custodian or under such Global Note, and the Depositary Depository may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary Depository or impair, as between the Depositary Depository and its Agent Members, the operation of customary practices of such Depositary Depository governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 1 contract

Samples: Supplemental Indenture (Brindlee Mountain Telephone Co)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the this Indenture and pursuant to a an order of the Company Order signed by one authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 1 contract

Samples: Supplemental Indenture (Capital One Financial Corp)

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.04 of the Indenture and pursuant to a Company Order an order signed by one an authorized officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.

Appears in 1 contract

Samples: Third Supplemental Indenture (Nucor Corp)

Book-Entry Provisions. This Section 2.1(c2.01(c) shall apply only to a the Regulation S Global Note and the Rule 144A Global Note issued in the form of one or more permanent Global Notes (collectively, the "GLOBAL NOTES") deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 of the Indenture and pursuant to a Company Order signed by one authorized officer of the Company2.01(c), authenticate and deliver initially one or more Global Notes that (ia) shall be registered in the name -11- 17 of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (iib) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s 's instructions or held by the Trustee as Custodiancustodian for the Depositary. Members of, or participants in, the Depositary (“Agent Members”"AGENT MEMBERS") shall have no rights under the this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian the custodian of the Depositary or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder an owner of a beneficial interest in any Global Note.

Appears in 1 contract

Samples: NTL Delaware Inc

Book-Entry Provisions. This Section 2.1(c) shall apply only to a Global Note deposited with or on behalf of the Depositary. The Company shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 303 2.2 of the Indenture this Appendix A, and pursuant to a an order of the Company Order signed by one authorized officer Officer of the Company, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and (ii) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as Custodian; beneficial interests in such Global Notes may be reflected on, and transfer of such interests may be made through, the Depositary’s non-certificated inventory in accordance with the Applicable Procedure. Members of, or participants in, the Depositary (“Agent Members”) shall have no rights under the Indenture with respect to any Global Note held on their behalf by the Depositary or by the Trustee as Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 1 contract

Samples: Indenture (Banro Corp)

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