Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 6 contracts
Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Senior Indenture (Ardagh Finance Holdings S.A.)
Book-Entry Provisions. This Section Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 6 contracts
Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 6 contracts
Samples: Indenture (Lindblad Expeditions Holdings, Inc.), Indenture (Lindblad Expeditions Holdings, Inc.), Indenture (Carnival PLC)
Book-Entry Provisions. This Section 2.01(c) shall apply to the IAI Global Note, Regulation S Global Notes Note and the Restricted Global Notes Note (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepository. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) Participants shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary Depository or by the Trustee or any custodian of DTC, the Common Depositary Depository or under such Global Note, and DTC, the Common Depositary Depository or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary Depository or impair, as between DTC or the Common Depositary, on the one hand, Depository and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 5 contracts
Samples: Indenture (Digicel Group LTD), Indenture (Digicel Group LTD), Indenture (Digicel Group LTD)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note (as applicable) for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 5 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 5 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Book-Entry Provisions. This Section 2.01(c2.1(b) shall apply only to the Regulation S a Global Notes and the Restricted Global Notes (together, the “Global Notes”) Note deposited with or on behalf of the Common Depositary. Upon issuance, the Issuer shall execute and the Trustee shall, in accordance with this Section 2.1(b), authenticate and deliver initially one or more Global Notes that (a) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary and DTC(b) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary’s instructions or held by the Trustee as custodian for the Depositary, in each case for credit to an account of a direct or indirect participant in the Depositary as described below. Members of, or participants and account holders in, DTC, Euroclear and Clearstream the Depositary (“ParticipantsAgent Members”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any as the custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee shall be entitled to treat the Depositary as the sole absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the Participants, on the otherits Agent Members, the operation of customary practices of such persons Depositary governing the exercise of the rights of a Holder holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 3 contracts
Samples: Indenture (Telesat Canada), Indenture (Telesat Canada), Indenture (Telesat Canada)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Unrestricted Global Note, the Regulation S Global Notes Note and the Restricted Global Notes Note (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian nominee of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 3 contracts
Samples: Indenture (T F Bell Holdings LTD), Indenture (Portishead Insurance Management LTD), Indenture (Townfrost LTD)
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply only to the Regulation S a Global Notes and the Restricted Global Notes (together, the “Global Notes”) Note deposited with or on behalf of the Common Depositary. The Issuers shall execute and the Trustee shall, in accordance with this Section 2.1(c) and Section 2.02 of the Indenture and pursuant to an Authentication Order, authenticate and deliver initially one or more Global Notes that (i) shall be registered in the name of the Depositary, or a nominee of the Depositary, and (ii) shall be delivered by the Trustee to the Depositary and DTCpursuant to such Depositary’s instructions or held by the Trustee as custodian. Members of, or participants and account holders in, DTC, Euroclear and Clearstream the Depositary (“ParticipantsAgent Members”) shall have no rights under this the Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any as custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees person in whose name a Global Note is registered may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor Issuers or the Trustee as the sole absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor Issuers or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the Participants, on the otherits Agent Members, the operation of customary practices of such persons Depositary governing the exercise of the rights of a Holder beneficial owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the The registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants Agent Members and Persons that may hold interests through ParticipantsAgent Members, to take any action that which a Holder is entitled to take under this the Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 3 contracts
Samples: Indenture (NEWMONT Corp /DE/), Indenture, Indenture (NEWMONT Corp /DE/)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons Persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 3 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, in DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the Issuers, a Guarantorthe Subsidiary Guarantors, the Trustee Trustee, the Paying Agent and any agent of the Issuers, a Guarantor the Subsidiary Guarantors, the Trustee or the Trustee Paying Agent as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantorthe Subsidiary Guarantors, the Trustee Trustee, the Paying Agent or any agent of the Issuers, a any Subsidiary Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 3 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes Note and the Restricted Rule 144A Global Notes Note (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, Holders in Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 3 contracts
Samples: Indenture (Invitel Holdings a/S), Indenture (Hungarian Telephone & Cable Corp), Indenture (Invitel Holdings a/S)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream DTC (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 3 contracts
Samples: Second Supplemental Indenture (Norwegian Cruise Line Holdings Ltd.), Second Supplemental Indenture (NCL CORP Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream DTC (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 2 contracts
Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the IssuersIssuer, a the Guarantor, the Trustee and any agent of the IssuersIssuer, a the Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a the Guarantor, the Trustee or any agent of the IssuersIssuer, a the Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons Persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 2 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, in DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the Issuers, a GuarantorCompany, the Trustee Subsidiary Guarantors, the Trustee, the Paying Agent and any agent of the IssuersCompany, a Guarantor the Subsidiary Guarantors,the Trustee or the Trustee Paying Agent as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorCompany, the Trustee Subsidiary Guarantors, the Trustee, the Paying Agent or any agent of the IssuersCompany, a any Subsidiary Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 2 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes Note and the Restricted Rule 144A Global Notes Note (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, in Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the Participants, on the otherits Participants (as defined in this Section 2.01(c)), the operation of customary practices of such persons governing the exercise of the rights of a Holder holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b2.11(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.102.11, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 2 contracts
Samples: Indenture (Invitel Holdings a/S), Indenture (Invitel Holdings a/S)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and Notes, the Restricted Global Notes and, if and when issued, the Exchange Global Notes (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) Participants shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersOPTI, a Guarantor, the Trustee and any agent of the IssuersOPTI, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersOPTI, a Guarantor, the Trustee or any agent of the IssuersOPTI, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b2.01(c), the registered Holder holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder such holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 2 contracts
Samples: Indenture (Opti Canada Inc), Indenture (Opti Canada Inc)
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, in DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersCompany, a Guarantorthe Subsidiary Guarantors, the Trustee and any agent of the IssuersCompany, a Guarantor the Subsidiary Guarantors or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersCompany, a Guarantorthe Subsidiary Guarantors, the Trustee or any agent of the IssuersCompany, a any Subsidiary Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 2 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Restricted Global Notes and the Restricted Exchange Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCa Clearing System. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary a Clearing System or by the Trustee or any custodian or common depositary of DTC, the Common Depositary a Clearing System or under such Global Note, and DTC, the Common Depositary relevant Clearing System or their respective its nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note (as applicable) for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary relevant Clearing System or impair, as between DTC or the Common Depositaryrelevant Clearing System, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 1 contract
Samples: Indenture (Carnival PLC)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and Note, the Restricted Global Notes (togetherNote and, if and when issued, the “U.S. Exchange Global Note (collectively, the "Global Notes”") deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, Euroclear and Clearstream the Depositary (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any as the custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Holdings, the Guarantor, the Trustee and any agent of the IssuersIssuer, a Holdings, the Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Holdings, the Guarantor, the Trustee or any agent of the IssuersIssuer, a Holdings, the Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons Depositary governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b2.09(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, and account holders of Euroclear or Cedel, and Persons that may hold interests through such account holders, to take any action that which a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, 2.09 owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the IAI Global Note, Regulation S Global Notes Note and the Restricted Global Notes Note (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepository. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) Participants shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary Depository or by the Trustee or any custodian of DTC, the Common Depositary Depository or under such Global Note, and DTC, the Common Depositary Depository or their respective nominees its nominee may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary Depository or impair, as between DTC or the Common Depositary, on the one hand, Depository and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Transact LTD)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream Clearstream, (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Ardagh Group S.A.)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons Persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the IssuersIssuer, a the Guarantor, the Trustee and any agent of the IssuersIssuer, a the Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a the Guarantor, the Trustee or any agent of the IssuersIssuer, a the Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the IAI Global Note, Regulation S Global Notes Note and the Restricted Global Notes Note (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepository. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) Participants shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary Depository or by the Trustee or any custodian of DTC, the Common Depositary Depository or under such Global Note, and DTC, the Common Depositary Depository or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary Depository or impair, as between DTC or the Common Depositary, on the one hand, Depository and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Digicel Pacific LTD)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, in Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Ardagh Group S.A.)
Book-Entry Provisions. This Section 2.01(c) The Applicable Procedures shall apply be applicable to Book-Entry Interests in the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with that are held by Participants through Euroclear or on behalf of the Common Depositary and DTCClearstream. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee Trustee, the Paying Agent, the Registrar, the Transfer Agent and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee Trustee, the Paying Agent, the Registrar, the Transfer Agent or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC Euroclear or the Common Depositary Clearstream or impair, as between DTC Euroclear or the Common Depositary, on the one hand, Clearstream and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, in DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the Issuers, a GuarantorCompany, the Trustee Subsidiary Guarantors, the Trustee, the Paying Agent and any agent of the IssuersCompany, a Guarantor the Subsidiary Guarantors, the Trustee or the Trustee Paying Agent as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorCompany, the Trustee Subsidiary Guarantors, the Trustee, the Paying Agent or any agent of the IssuersCompany, a any Subsidiary Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Sealed Air Corp/De)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream DTC (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary or DTC under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted 144A Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“ParticipantsPartici- pants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled en- titled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture
Book-Entry Provisions. This Section 2.01(c) The Applicable Procedures shall apply be applicable to Book‑Entry Interests in the Regulation S Global Notes and the Restricted Global Notes (togetherthat are held by Participants through Euroclear or Clearstream, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCas applicable. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee its nominees or any custodian of DTC, the Common Depositary or custodians under such Global Note, and DTC, the Common Depositary or their respective its nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC Euroclear or the Common Depositary Clearstream, as applicable, or their respective nominees, or impair, as between DTC Euroclear or the Common Depositary, on the one hand, Clearstream and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. CG&R Draft Current date: 06-20-2019 11:20 AM 51390170v5 Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCa Clearing System. Members of, or participants and account holders in, DTCDTC (including Euroclear and Clearstream), Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary a Clearing System or by the Trustee or any custodian or common depositary of DTC, the Common Depositary a Clearing System or under such Global Note, and DTC, the Common Depositary relevant Clearing System or their respective its nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note (as applicable) for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary relevant Clearing System or impair, as between DTC or the Common Depositaryrelevant Clearing System, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 1 contract
Samples: Indenture (Carnival PLC)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes Note and the Restricted Global Notes Note (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, Euroclear and Clearstream in the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 1 contract
Samples: Indenture (InterXion Holding N.V.)
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply to the Regulation S Global Notes and Note, the Restricted Global Notes Note and, if and when issued, the Exchange Global Note (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, in DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantorthe Guarantors, the Trustee and any agent of the IssuersIssuer, a Guarantor the Guarantors or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantorthe Guarantors, the Trustee or any agent of the IssuersIssuer, a any Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (FTS International, Inc.)
Book-Entry Provisions. This Section 2.01(c) The Applicable Procedures shall apply be applicable to Book-Entry Interests in the Regulation S Global Notes and the Restricted Global Notes (togetherthat are held by Participants through DTC, the “Global Notes”) deposited with Euroclear or on behalf of the Common Depositary and DTCClearstream, as applicable. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee their respective nominees or any custodian of DTC, the Common Depositary or custodians under such Global Note, and DTC, the Common Depositary or their respective nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC DTC, Euroclear or the Common Depositary Clearstream, as applicable, or their respective nominees, or impair, as between DTC DTC, Euroclear or the Common Depositary, on the one hand, Clearstream and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants Participants and account holders in, DTC, Euroclear and Clearstream in the Depositary (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee Notes Administrator or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersCompany, the Co-Issuer, a Guarantor, the Trustee, the Notes Administrator and any agent of the Company, the Co-Issuer, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee Notes Administrator as the sole owner or Holder of the Notes represented by such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersCompany, the Co-Issuer, a Guarantor, the Trustee, the Notes Administrator or any agent of the Company, the Co-Issuer, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee Notes Administrator from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b)2.09, the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Foresight Energy LP)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and Note, the Restricted Global Notes (togetherNote and, if and when issued, the “Exchange Global Note (collectively, the "Global Notes”") deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, DTC (including Morgan Guaranty Trust Company of Nex Xxxx (Brussels office) as operator of the Euroclear System and Clearstream Banking, societe anonyme), (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any other custodian of DTCthe Depositary, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantorthe Subsidiary Guarantors, the Trustee and any agent of the IssuersIssuer, a Guarantor the Subsidiary Guarantors or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantorthe Subsidiary Guarantors, the Trustee or any agent of the IssuersIssuer, a Guarantor the Subsidiary Guarantors or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b2.09(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that which a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, 2.09 owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (TMM Lines LTD LLC)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes Note and the Restricted Rule 144A Global Notes Note (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, in Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the Participants, on the otherits Participants (as defined in Section 2.01(c)), the operation of customary practices of such persons governing the exercise of the rights of a Holder holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b2.11(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.102.11, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) The Applicable Procedures shall apply be applicable to Book‑Entry Interests in the Regulation S Global Notes and the Restricted Global Notes (togetherthat are held by Participants through Euroclear or Clearstream, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCas applicable. Members of, or participants and account holders in, DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee its nominees or any custodian of DTC, the Common Depositary or custodians under such Global Note, and DTC, the Common Depositary or their respective its nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC Euroclear or the Common Depositary Clearstream, as applicable, or their respective nominees, or impair, as between DTC Euroclear or the Common Depositary, on the one hand, Clearstream and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, in DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersCompany, a Guarantorthe Guarantors, the Trustee and any agent of the IssuersCompany, a Guarantor the Guarantors or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersCompany, a Guarantorthe Guarantors, the Trustee or any agent of the IssuersCompany, a any Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Sealed Air Corp/De)
Book-Entry Provisions. This Section 2.01(c2.01(d) shall apply to the Restricted Global Note, the Regulation S Global Notes Note, and, if and the Restricted Global Notes (togetherwhen issued, the “Exchange Global Note (collectively, the "Global Notes”") deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, Euroclear and Clearstream DTC (“"Participants”") shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the their Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Arch of Wyoming LLC)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes of each series (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note of either series may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes of each series (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, in DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersCompany, a Guarantorthe Subsidiary Guarantors, the Trustee and any agent of the IssuersCompany, a Guarantor the Subsidiary Guarantors or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersCompany, a Guarantorthe Subsidiary Guarantors, the Trustee or any agent of the IssuersCompany, a any Subsidiary Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note of either series may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the NotesNotes of such series. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Sealed Air Corp/De)
Book-Entry Provisions. This Section Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, DTC (including Euroclear and Clearstream Clearstream) (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Definitive Registered Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTC. Members of, or participants and account holders in, DTC, Euroclear and Clearstream DTC (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary DTC or by the Trustee or any custodian of DTC, the Common Depositary DTC or under such Global Note, and DTC, the Common Depositary DTC or their respective its nominees may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common DepositaryDTC, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Ardagh Group S.A.)
Book-Entry Provisions. This Section 2.01(c2.01(e) shall apply to the Regulation S Global Notes Note and the Restricted Rule 144A Global Notes Note (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCCustodian. Members of, or participants and account holders in, DTC, Euroclear and or Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian Custodian of DTC, the Common Depositary Euroclear or Clearstream or under such Global Note, and DTCCede & Co., the Common Depositary or their respective nominees nominee of the Depositary, may be treated by the Issuers, a GuarantorIssuer, the Trustee and any agent of the Issuers, a Guarantor Issuer or the Trustee as the sole owner owner(s) of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall (i) prevent the Issuers, a GuarantorIssuer, the Trustee or any agent of the Issuers, a Guarantor Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC DTC, Euroclear or the Common Depositary Clearstream or (ii) impair, as between DTC DTC, Euroclear or the Common Depositary, on the one hand, Clearstream and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the The registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10Sections 2.06, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Danaos Corp)
Book-Entry Provisions. This Section 2.01(c) The Applicable Procedures shall apply be applicable to Book-Entry Interests in the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with that are held by Participants through Euroclear or on behalf of the Common Depositary and DTCClearstream. Members of, or participants and account holders in, DTC, in Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to or under any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTCits nominee, and the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee, any Agent and any agent of the Issuer, a Guarantor, the Trustee and or any agent of the Issuers, a Guarantor or the Trustee Agent as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee, any Agent or any agent of the Issuer, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee Agent from giving effect to any written certification, proxy or other authorization furnished by DTC Euroclear or the Common Depositary Clearstream or impair, as between DTC Euroclear or the Common Depositary, on the one hand, Clearstream and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Elster Group SE)
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes Note and the Restricted Global Notes Note (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, in Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantor, the Trustee and any agent of the IssuersIssuer, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantor, the Trustee or any agent of the IssuersIssuer, a Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will shall not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Book-Entry Provisions. This Section 2.01(c) shall apply to the Regulation S Global Notes and the Restricted Global Notes (together, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, DTC, in Euroclear and Clearstream Clearstream, (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTC, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective its nominees may be treated by the Issuers, a Guarantor, the Trustee and any agent of the Issuers, a Guarantor or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuers, a Guarantor, the Trustee or any agent of the Issuers, a Guarantor or the Trustee Issuers from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary Euroclear and Clearstream or impair, as between DTC or the Common DepositaryEuroclear and Clearstream, on the one hand, and the Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (Ardagh Group S.A.)
Book-Entry Provisions. This Section 2.01(c2.1(c) shall apply to the Regulation S Global Notes Note and the Restricted Global Notes Note (togethercollectively, the “Global Notes”) deposited with or on behalf of the Common Depositary and DTCDepositary. Members of, or participants and account holders in, in DTC, Euroclear and Clearstream (“Participants”) shall have no rights under this Indenture with respect to any Global Note held on their behalf by DTCthe Depositary, the Common Depositary or by the Trustee or any custodian of DTC, the Common Depositary or under such Global Note, and DTC, the Common Depositary or their respective nominees its nominee may be treated by the IssuersIssuer, a Guarantorthe Guarantors, the Trustee and any agent of the IssuersIssuer, a Guarantor the Guarantors or the Trustee as the sole owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuersIssuer, a Guarantorthe Guarantors, the Trustee or any agent of the IssuersIssuer, a any Guarantor or the Trustee from giving effect to any written certification, proxy or other authorization furnished by DTC or the Common Depositary or impair, as between DTC or the Common Depositary, on the one hand, Depositary and the its Participants, on the other, the operation of customary practices of such persons governing the exercise of the rights of a Holder an owner of a beneficial interest in any Global Note. Subject to the provisions of Section 2.10(b), the registered Holder of a Global Note may grant proxies and otherwise authorize any Person, including Participants and Persons that may hold interests through Participants, to take any action that a Holder is entitled to take under this Indenture or the Notes. Except as provided in Section 2.10, owners of a beneficial interest in Global Notes will not be entitled to receive physical delivery of certificated Notes.
Appears in 1 contract
Samples: Indenture (FTS International, Inc.)