Conditions for Issuance. Interests in a Global Note deposited with Euroclear or Clearstream pursuant to Section 4(b) above shall be transferred to the beneficial owners thereof in the form of definitive Notes only if such transfer complies with this Section 5 and (1) Euroclear or Clearstream notifies the Company that it is unwilling or unable to continue as depositary for such Global Note or (2) an Event of Default (as defined in Section 7 of the Terms) has occurred and is continuing with respect to the Notes.
Appears in 3 contracts
Samples: Fiscal Agency Agreement (Thirty Eight Hundred Fund LLC), Fiscal Agency Agreement (Thirty Eight Hundred Fund LLC), Fiscal Agency Agreement (Thirty Eight Hundred Fund LLC)
Conditions for Issuance. Interests in a Global Note deposited with Euroclear or Clearstream pursuant to Section 4(b) above shall be transferred to the beneficial owners thereof in the form of definitive Notes only if such transfer complies with this Section 5 and (1) Euroclear or Clearstream notifies the Company that it is unwilling or unable to continue as depositary for such Global Note or (2) an Event of Default (as defined in Section 7 of the Terms) has occurred and is continuing with respect to the Notes.
Appears in 1 contract
Samples: Fiscal Agency Agreement (Thirty Eight Hundred Fund LLC)
