Certificated Notes. Notwithstanding anything to the contrary in the Indenture, Notes in physical, certificated form will be issued and delivered to each person that the Depositary identifies as a beneficial owner of the related Notes only if: (a) the Depositary notifies the Company at any time that it is unwilling or unable to continue as depositary for the Notes in global form and a successor depositary is not appointed within 90 days; (b) the Depositary ceases to be registered as a clearing agency under the Exchange Act and a successor depositary is not appointed within 90 days; or (c) an Event of Default with respect to the Notes has occurred and is continuing and such beneficial owner requests that its Notes be issued in physical, certificated form.”
Appears in 6 contracts
Samples: Eighth Supplemental Indenture (Hercules Capital, Inc.), Supplemental Indenture (Ares Capital Corp), First Supplemental Indenture (Barings BDC, Inc.)
Certificated Notes. Notwithstanding anything to the contrary in the Indenture, Notes in physical, certificated form will be issued and delivered to each person that the Depositary Depository identifies as a beneficial owner of the related Notes only if:
(a) the Depositary Depository notifies the Company at any time that it is unwilling or unable to continue as depositary for the Notes in global form and a successor depositary is not appointed within 90 days;
(b) the Depositary Depository ceases to be registered as a clearing agency under the Exchange Act and a successor depositary is not appointed within 90 days; or
(c) an Event of Default with respect to the Notes has occurred and is continuing and such beneficial owner requests that its Notes be issued in physical, certificated form.”
Appears in 5 contracts
Samples: Supplemental Indenture (GOLUB CAPITAL BDC, Inc.), Fourth Supplemental Indenture (GOLUB CAPITAL BDC, Inc.), Third Supplemental Indenture (GOLUB CAPITAL BDC, Inc.)
Certificated Notes. Notwithstanding anything to the contrary in the this Indenture, Notes a Security in physical, certificated form will be issued and delivered to each person that the Depositary identifies as a beneficial owner of the related Notes Security only if:
(a) the Depositary notifies the Company at any time that it is unwilling or unable to continue as depositary for the Notes such Security in global form and a successor depositary is not appointed within 90 days;
(b) the Depositary ceases to be registered as a clearing agency under the Exchange Act and a successor depositary is not appointed within 90 days; or
(c) an Event of Default with respect to the Notes such Security has occurred and is continuing and such beneficial owner requests that its Notes Security be issued in physical, certificated form.”
Appears in 1 contract
Samples: Indenture (Ares Capital Corp)
Certificated Notes. Notwithstanding anything to the contrary in the Indenturecontrary, Notes Securities in physical, certificated form will be issued and delivered to each person that the Depositary identifies as a beneficial owner of the related Notes Securities only if:
(a) the Depositary notifies the Company at any time that it is unwilling or unable to continue as depositary for the Notes Securities in global form and a successor depositary is not appointed within 90 days;
(b) the Depositary ceases to be registered as a clearing agency under the Exchange Act and a successor depositary is not appointed within 90 days; or
(c) an Event of Default with respect to the Notes Securities has occurred and is continuing and such beneficial owner requests that its Notes Securities be issued in physical, certificated form.”
Appears in 1 contract
Certificated Notes. Notwithstanding anything to the contrary in the Indenture, Notes in physical, certificated form will be issued and delivered to each person that the Depositary identifies as a beneficial owner of the related Notes only if:
(a1) the Depositary notifies the Company at any time that it is unwilling or unable to continue as depositary for the Notes in global form and a successor depositary is not appointed within 90 days;
(b2) the Depositary ceases to be registered as a clearing agency under the Exchange Act and a successor depositary is not appointed within 90 days; or
(c3) an Event of Default with respect to the Notes has occurred and is continuing and such beneficial owner requests that its Notes be issued in physical, certificated form.”
Appears in 1 contract
Samples: Supplemental Indenture (BlackRock TCP Capital Corp.)
Certificated Notes. Notwithstanding anything to the contrary in the Indenture, Notes in physical, certificated form will be issued and delivered to each person that the Depositary Depository identifies as a beneficial owner of the related Notes only if:
(a) the Depositary Depository notifies the Company at any time that it is unwilling or unable to continue as depositary depository for the Notes in global form and a successor depositary depository is not appointed within 90 days;
(b) the Depositary Depository ceases to be registered as a clearing agency under the Exchange Act and a successor depositary depository is not appointed within 90 days; or
(c) an Event of Default with respect to the Notes has occurred and is continuing and such beneficial owner requests that its Notes be issued in physical, certificated form.”
Appears in 1 contract
Samples: First Supplemental Indenture (North Haven Private Income Fund LLC)