Common use of Certain Matters Relating to Global Notes Clause in Contracts

Certain Matters Relating to Global Notes. Members of, or direct or indirect participants in, the Depositary (“Agent Members”) shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Depositary or the Trustee as its custodian, or under the Global Notes, and the Depositary may be treated by the Issuer, the Trustee and any agent of the Issuer or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Trustee or any agent of the Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary, as between the Depositary, the operation of customary practices governing the exercise of the rights of any Holder. The Holder of an interest in any Global Note may grant proxies and otherwise authorize any person, including DTC and its Agent Members and persons that may hold interests through Agent Members, to take any action which a Holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 7 contracts

Samples: Indenture (Central European Distribution Corp), Indenture (Central European Distribution Corp), Indenture (Latchey LTD)

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Certain Matters Relating to Global Notes. Members of, of or direct or indirect participants in, in the Depositary DTC (“Agent Members”) shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Depositary DTC or the Trustee as its custodian, or under the Global Notesnominee, and the Depositary DTC or its nominee may be treated by the Issuer, the Trustee Guarantors, the Trustee, the Paying Agent, the Registrar and any agent of the Issuer or the Trustee Guarantors as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Guarantors, the Trustee or any agent of the Issuer or the Trustee Guarantors from giving effect to any written certification, proxy or other authorization furnished by the DepositaryDTC or its nominee or impair, as between the DepositaryDTC and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Holder. Note. (a) The Holder of an interest in any Global Note may grant proxies and otherwise authorize any personPerson, including DTC and its Agent Members and persons Persons that may hold interests through Agent Members, to take any action which a Holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 4 contracts

Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)

Certain Matters Relating to Global Notes. (a) Members of, or direct or indirect participants in, the Depositary DTC ("Agent Members") shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Depositary DTC or the Trustee as its custodian, or under the Global NotesNote, and the Depositary DTC may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the DepositaryDTC or impair, as between the DepositaryDTC and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Holder. Note. (b) The Holder of an interest in any Global Note may grant proxies and otherwise authorize any person, including DTC and its Agent Members and persons that may hold interests through Agent Members, to take any action which a Holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 2 contracts

Samples: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V)

Certain Matters Relating to Global Notes. Members of, of or direct or indirect participants in, in the Depositary DTC (“Agent Members”) shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Depositary DTC or the Trustee as its custodian, or under the Global Notesnominee, and the Depositary DTC or its nominee may be treated by the Issuer, the Trustee Guarantors, the Trustee, the Paying Agent, the Registrar and any agent of the Issuer or the Trustee Guarantors as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Issuer, the Guarantors, the Trustee or any agent of the Issuer or the Trustee Guarantors from giving effect to any written certification, proxy or other authorization furnished by the DepositaryDTC or its nominee or impair, as between the DepositaryDTC and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Holder. Note. (a) The Holder of an interest in any Global Note may grant proxies and otherwise authorize any personPerson, including DTC and its Agent Members and persons Persons that may hold interests through Agent Members, to take any action which a Holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 2 contracts

Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)

Certain Matters Relating to Global Notes. (a) Members of, or direct or indirect ---------------------------------------- participants in, the Depositary DTC ("Agent Members") shall have no rights under this Indenture or any Global Note ------------- with respect to any Global Note held on their behalf by the Depositary DTC or the Trustee as its custodian, or under the Global NotesNote, and the Depositary DTC may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the DepositaryDTC or impair, as between the DepositaryDTC and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Holder. Note. (b) The Holder of an interest in any Global Note may grant proxies and otherwise authorize any person, including DTC and its Agent Members and persons that may hold interests through Agent Members, to take any action which a Holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 2 contracts

Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)

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Certain Matters Relating to Global Notes. (a) Members of, or direct or indirect participants in, the Depositary DTC ("Agent Members") shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Depositary DTC or the Trustee as its custodian, or under the Global NotesNote, and the Depositary DTC may be treated by the IssuerCompany, the 45 37 Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the DepositaryDTC or impair, as between the DepositaryDTC and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Holder. Note. (b) The Holder of an interest in any Global Note may grant proxies and otherwise authorize any person, including DTC and its Agent Members and persons that may hold interests through Agent Members, to take any action which a Holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 1 contract

Samples: Indenture (Versatel Telecom Bv)

Certain Matters Relating to Global Notes. (a) Members of, or direct or indirect participants in, the Depositary DTC ("Agent Members") shall have no rights under this Indenture or any Global Note with respect to any Global Note held on their behalf by the Depositary DTC or the 38 38 Trustee as its custodian, or under the Global NotesNote, and the Depositary DTC may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the DepositaryDTC or impair, as between the DepositaryDTC and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Holder. Note. (b) The Holder of an interest in any Global Note may grant proxies and otherwise authorize any person, including DTC and its Agent Members and persons that may hold interests through Agent Members, to take any action which a Holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 1 contract

Samples: Indenture (Versatel Telecom International N V)

Certain Matters Relating to Global Notes. (a) Members of, ---------------------------------------- or direct or indirect participants in, the Depositary DTC ("Agent Members") shall have no rights under this ------------- Indenture or any Global Note with respect to any Global Note held on their behalf by the Depositary DTC or the Trustee as its custodian, or under the Global NotesNote, and the Depositary DTC may be treated by the IssuerCompany, the Trustee and any agent of the Issuer Company or the Trustee as the absolute owner of the Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the IssuerCompany, the Trustee or any agent of the Issuer Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the DepositaryDTC or impair, as between the DepositaryDTC and its Agent Members, the operation of customary practices governing the exercise of the rights of a Holder of any Holder. Note. (b) The Holder of an interest in any Global Note may grant proxies and otherwise authorize any person, including DTC and its Agent Members and persons that may hold interests through Agent Members, to take any action which a Holder of such interest in a Global Note is entitled to take under this Indenture or the Notes.

Appears in 1 contract

Samples: Indenture (Cybernet Internet Services International Inc)

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