Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indenture. (b) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, of such event and the availability of certificated forms of securities to the Holders of Securities.
Appears in 6 contracts
Samples: Indenture (Aspirity Holdings LLC), Indenture (Twin Cities Power Holdings, LLC), Indenture (Twin Cities Power Holdings, LLC)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify (or cause an agent to notify) the Registrar of the acceptance of a subscriber’s order Subscription Agreement to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of Security. Upon such noticesnotice, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Company and the Trustee, on behalf of the Company. .
(b) The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Company and Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may shall review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indenture.
(bc) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, Securities of such event and the availability of certificated forms of securities Securities to the Holders requesting certificated forms of Securities.
Appears in 2 contracts
Samples: Indenture (Performance Home Buyers LLC), Indenture (Performance Home Buyers LLC)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s order agreement to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and and, upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 25,000 (unless waived by the Company) and any amount in excess thereof (in whole $1,000 increments) and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof2.5) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, of such event and the availability of certificated forms of securities to the Holders of Securities.
Appears in 2 contracts
Samples: Indenture (GWG Holdings, Inc.), Indenture (GWG Holdings, Inc.)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s 's order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s 's compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, of such event and the availability of certificated forms of securities to the Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s 's order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may shall review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s 's compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, of such event and the availability of certificated forms of securities to the Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Onyx Acceptance Corp), Indenture (Zanett Inc)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities Investment Notes as the sole method of recording the ownership and transfer of ownership interests in such SecuritiesInvestment Notes. The registered owners of the Accounts established by the Registrar Company in connection with the purchase or transfer of the Securities Investment Notes shall be deemed to be the Holders of the Securities Investment Notes outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar (if the Registrar is other than the Company) of the acceptance of a subscriber’s 's order to purchase a Security by providing a copy of the accepted Subscription Agreement an Investment Note and the related Written Confirmation, and upon receipt of such notices, the Registrar Company shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for each Investment Note purchaser, the principal amount of such Security Investment Note owned of record by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Companypurchaser. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders book-entry owners of the Accounts maintained by the Registrar Company as provided in this Indenture shall be credited to such Accounts by the Registrar Company within the time frames provided in this Indenture. If the Trustee is not acting as Registrar, the Company shall notify the Trustee no less frequently than monthly of the establishment of new Accounts and the amount transfer of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indentureexisting Accounts.
(b) Book-entry interests in the Accounts evidencing ownership of the Securities shall be Investment Notes are exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered notes in the definitive form in those names as each Holder the Company directs only if if:
(i1) the Company Company, at its option option, advises the Trustee and the Registrar in writing of its the Company's election to terminate the book-entry system, or ; or
(ii2) after the occurrence of any an Event of Default, Default under the Indenture: (i) Holders of aggregating more than a majority of the aggregate outstanding principal Outstanding amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) Investment Notes advise the Trustee in writing that the continuation of the a book-entry system is no longer in the best interests of such Holders of the Investment Notes and (ii) the Trustee notifies all Holders of the Securities, occurrence of any such event Event of Default and the availability of certificated forms definitive notes to Holders of securities the Investment Notes requesting such notes in definitive form.
(c) Subject to the Holders of Securitiesexception described above in Section 2.7(b) hereof, the book-entry interests in the Investment Notes shall not otherwise be exchangeable for fully registered notes in definitive form.
Appears in 2 contracts
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s 's order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may shall review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s 's compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, as the case may be, of such event and the availability of certificated forms of securities to the Holders of Securities, as the case may be, requesting such Securities in certificated form.
Appears in 1 contract
Samples: Indenture (Onyx Acceptance Corp)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar Company in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar (if the Registrar is other than the Company) of the acceptance of a subscriber’s 's order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar Company shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such each Security for purchaser, the principal amount of such Security owned of record by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Companypurchaser. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders book-entry owners of the Accounts maintained by the Registrar Company as provided in this Indenture shall be credited to such Accounts by the Registrar Company within the time frames provided in this Indenture, . The Company shall notify the Trustee no less frequently than monthly of the establishment of new Accounts and the amount transfer of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indentureexisting Accounts.
(b) Book-entry interests in the Accounts evidencing ownership of the Securities shall be are exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered notes in the definitive form in those names as each Holder the Company directs only if if:
(i1) the Company Company, at its option option, advises the Trustee and the Registrar in writing of its the Company's election to terminate the book-entry system, or ; or
(ii2) after the occurrence of any an Event of Default, Default under the Indenture: (i) Holders of aggregating more than a majority of the aggregate outstanding principal Outstanding amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the a book-entry system is no longer in the best interests of such Holders of the Securities and (ii) the Trustee notifies all Holders of the Securities, occurrence of any such event Event of Default and the availability of certificated forms definitive notes to Holders of securities the Securities requesting such notes in definitive form.
(c) Subject to the Holders of Securitiesexception described above in Section 2.7(b) hereof, the book-entry interests in the Securities shall not otherwise be exchangeable for fully registered notes in definitive form.
Appears in 1 contract
Samples: Indenture (Levitt Corp)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities Investment Notes as the sole method of recording the ownership and transfer of ownership interests in such SecuritiesInvestment Notes. The registered owners of the Accounts established by the Registrar Company in connection with the purchase or transfer of the Securities Investment Notes shall be deemed to be the Holders of the Securities Investment Notes outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar (if the Registrar is other than the Company) of the acceptance of a subscriber’s order to purchase a Security by providing a copy of the accepted Subscription Agreement an Investment Note and the related Written Confirmation, and upon receipt of such notices, the Registrar Company shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for each Investment Note purchaser, the principal amount of such Security Investment Note owned of record by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Companypurchaser. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders book-entry owners of the Accounts maintained by the Registrar Company as provided in this Indenture shall be credited to such Accounts by the Registrar Company within the time frames provided in this Indenture. If the Trustee is not acting as Registrar, the Company shall notify the Trustee no less frequently than monthly of the establishment of new Accounts and the amount transfer of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indentureexisting Accounts.
(b) Book-entry interests in the Accounts evidencing ownership of the Securities shall be Investment Notes are exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered notes in the definitive form in those names as each Holder the Company directs only if if:
(i1) the Company Company, at its option option, advises the Trustee and the Registrar in writing of its the Company=s election to terminate the book-entry system, or ; or
(ii2) after the occurrence of any an Event of Default, Default under the Indenture: (i) Holders of aggregating more than a majority of the aggregate outstanding principal Outstanding amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) Investment Notes advise the Trustee in writing that the continuation of the a book-entry system is no longer in the best interests of such Holders of the Investment Notes and (ii) the Trustee notifies all Holders of the Securities, occurrence of any such event Event of Default and the availability of certificated forms definitive notes to Holders of securities the Investment Notes requesting such notes in definitive form.
(c) Subject to the Holders of Securitiesexception described above in Section 2.7(b) hereof, the book-entry interests in the Investment Notes shall not otherwise be exchangeable for fully registered notes in definitive form.
Appears in 1 contract
Samples: Indenture (Levitt Corp)
Book-Entry Registration. (a) Except as provided in subsection (c) below, no Note shall be issued as, or evidenced by, a promissory note or certificated security, but rather each Note shall be issued in book entry or uncertificated form, in which the record of beneficial ownership of each such Note shall be established and maintained as Accounts by the Registrar as set forth in this Section 3.12. All references in the Base Indenture to a Registered Security shall be deemed to include a Note for purposes of this First Supplemental Indenture, except as the context otherwise requires. In connection with the issuance of each Note in book entry form, each such Note shall be deemed to be represented in an uncertificated form that includes the same terms and provisions as those set forth in the form of Note in Exhibit A to this First Supplemental Indenture, and the related Account for each such Note shall be deemed to include these same terms and provisions.
(b) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities Notes as the sole method of recording the ownership and transfer of ownership interests in such SecuritiesNotes. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities Notes shall be deemed to be the Holders of the Securities Notes outstanding for all purposes under this First Supplemental Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s 's order to purchase a Security Note by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security Note by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security Note for the principal amount of such Security Note owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this First Supplemental Indenture that relate to the ownership of the related Security Note and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this First Supplemental Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this First Supplemental Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this First Supplemental Indenture shall be debited to such Accounts by the Registrar. The Trustee may shall review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s 's compliance with the terms of the First Supplemental Indenture.
(bc) Book-entry Accounts evidencing ownership of the Securities Notes shall be exchangeable for definitive or certificated forms of Securities Notes in denominations of $1,000 and any amount in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities Notes (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, of such event and the availability of certificated forms of securities to the Holders of Securities.to
Appears in 1 contract
Samples: First Supplemental Indenture (Metris Companies Inc)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the this Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, Securities of such event and the availability of certificated forms of securities to the Holders of Securities.
Appears in 1 contract
Samples: Indenture (Advanced Environmental Recycling Technologies Inc)
Book-Entry Registration. (a) The Registrar shall maintain a book-book entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities Money Market Notes as the sole method of recording the ownership and transfer of ownership interests in such SecuritiesMoney Market Notes. The registered owners of the Accounts established by the Registrar Company in connection with the purchase or transfer of the Securities Money Market Notes shall be deemed to be the Holders of the Securities Money Market Notes outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s 's order to purchase a Security by providing a copy of the accepted Subscription Agreement Money Market Note and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for each Money Market Note purchaser, the principal amount of such Security Money Market Note owned of record by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Companypurchaser. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest (which shall be paid in the form of additional notes) due and payable to the Holders book entry owners of the Accounts maintained by the Registrar Company as provided in this Indenture shall be credited to such Accounts by the Registrar Company within the time frames provided in this Indenture, . The Company shall notify the Trustee no less frequently than bi-weekly of the establishment of new accounts and the amount transfer of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrarexisting accounts. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of accounts representing interests in the Securities Money Market Notes shall not be exchangeable for definitive or certificated forms of Securities Money Market Notes in denominations of $1,000 2,500 and any amount in excess thereof and fully registered in the names as each Holder the Company directs only if unless (ia) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (iib) after the occurrence of any Event of Default, Holders of a majority of the aggregate Money Market Notes then outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 4.3(d) hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders holders and the Trustee notifies all Holders of the Securities, Money Market Notes of such event and the availability of certificated forms of securities definitive notes to the Holders of SecuritiesMoney Market Notes requesting such notes in definitive form.
Appears in 1 contract
Samples: Indenture (American Business Financial Services Inc /De/)
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly shall, within one business day, notify the Registrar of the acceptance of a subscriber’s order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount multiple of $1.00 in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, of such event and the availability of certificated forms of securities to the Holders of Securities.
(c) The Company or Trustee may review the Registrar’s book-entry registration and transfer system and other such records relating to the book-entry Accounts evidencing ownership of the Securities at all reasonable times during normal business hours.
Appears in 1 contract
Samples: Indenture (Sten Corp)
Book-Entry Registration. (a) The Registrar shall maintain a book-book entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar Company in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s 's order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-book entry registration and transfer system to the Account of each Security purchaser, the related Holder of such Security for the principal Principal amount of such Security owned of record by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Companypurchaser. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal Principal and/or interest due and payable to the Holders book entry owners of the Accounts maintained by the Registrar Company as provided in this Indenture shall be credited to such Accounts by the Registrar Company within the time frames provided in this Indenture, . The Company shall notify the Trustee no less frequently than bi-weekly of the establishment of new Accounts and the amount transfer of any payments of principal and/or interest distributed to the Holders of the existing Accounts. Accounts as provided representing interests in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall not be exchangeable for definitive Accretion Bonds or certificated forms of Securities Current Bonds in denominations of $1,000 5,000 (and any amount additional $1,000 increments in excess thereof thereof) and fully registered in the names as each Holder directs only if of owners of the Accounts unless (ia) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (iib) after the occurrence of any Event of Default, Holders of a majority of the aggregate Securities then outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 4.08(b) hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders holders and the Trustee notifies all Holders of the Securities, Securities of such event and the availability of certificated forms of securities definitive notes to the Holders of Securitiesthe Securities requesting such Securities in definitive form.
Appears in 1 contract
Book-Entry Registration. (a) The Registrar shall maintain a book-book entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar Company in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this IndentureIndenture . The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s 's order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-book entry registration and transfer system to the Account of each Security purchaser, the related Holder of such Security for the principal Principal amount of such Security owned of record by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Companypurchaser. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal Principal and/or interest due and payable to the Holders book entry owners of the Accounts maintained by the Registrar Company as provided in this Indenture shall be credited to such Accounts by the Registrar Company within the time frames provided in this Indenture, . The Company shall notify the Trustee no less frequently than bi-weekly of the establishment of new Accounts and the amount transfer of any payments of principal and/or interest distributed to the Holders of the existing Accounts. Accounts as provided representing interests in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall not be exchangeable for definitive Accretion Bonds or certificated forms of Securities Current Bonds in denominations of $1,000 5,000 (and any amount additional $1,000 increments in excess thereof thereof) and fully registered in the names as each Holder directs only if of owner of the Accounts unless (ia) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (iib) after the occurrence of any Event of Default, Holders of a majority of the aggregate Securities then outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 4.08(b) hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders holders and the Trustee notifies all Holders of the Securities, Securities of such event and the availability of certificated forms of securities definitive notes to the Holders of Securitiesthe Securities requesting such Securities in definitive form.
Appears in 1 contract
Book-Entry Registration. (a) The Registrar shall maintain a book-entry registration and transfer system through the establishment and maintenance of Accounts for the benefit of Holders of Securities as the sole method of recording the ownership and transfer of ownership interests in such Securities. The registered owners of the Accounts established by the Registrar in connection with the purchase or transfer of the Securities shall be deemed to be the Holders of the Securities outstanding for all purposes under this Indenture. The Company (or its duly authorized Agent) shall promptly notify the Registrar of the acceptance of a subscriber’s order to purchase a Security by providing a copy of the accepted Subscription Agreement and the related Written Confirmation, and upon receipt of such notices, the Registrar shall establish an Account for such Security by recording a credit to its book-entry registration and transfer system to the Account of the related Holder of such Security for the principal amount of such Security owned by such Holder and issue a Written Confirmation to the Holder, with a copy being delivered to the Trustee, on behalf of the Company. The Registrar shall make appropriate credit and debit entries within each Account to record all of the applicable actions under this Indenture that relate to the ownership of the related Security and issue Written Confirmations to the related Holders as set forth herein, with copies being delivered to the Trustee, on behalf of the Company. For example, the total amount of any principal and/or interest due and payable to the Holders of the Accounts maintained by the Registrar as provided in this Indenture shall be credited to such Accounts by the Registrar within the time frames provided in this Indenture, and the amount of any payments payment of principal and/or interest distributed to the Holders of the Accounts as provided in this Indenture shall be debited to such Accounts by the Registrar. The Trustee may review the book-entry registration and transfer system as it deems necessary to ensure the Registrar’s compliance with the terms of the Indenture.
(b) Book-entry Accounts evidencing ownership of the Securities shall be exchangeable for definitive or certificated forms of Securities in denominations of $1,000 and any amount in excess thereof and fully registered in the names as each Holder directs only if (i) the Company at its option advises the Trustee and the Registrar in writing of its election to terminate the book-entry system, or (ii) after the occurrence of any Event of Default, Holders of a majority of the aggregate outstanding principal amount of the Securities (as determined based upon the latest quarterly statement provided to the Trustee pursuant to Section 2.5 hereof) advise the Trustee in writing that the continuation of the book-entry system is no longer in the best interests of such Holders and the Trustee notifies all Holders of the Securities, of such event and the availability of certificated forms of securities to the Holders of Securities.
Appears in 1 contract
Samples: Indenture (Multiband Corp)