Dealings with the Depository Sample Clauses

Dealings with the Depository. 2.12.1 The Corporation and the Warrant Agent acknowledge that subject to and in accordance with the rules and procedures of the Depository as at the date of this Agreement, each Participant must look solely to the Depository through its paying agent service, for so long as the Depository is the registered Holder of the Global Certificate(s), for the delivery of any Common Shares made by the Warrant Agent or the Corporation, as the case may be, to the registered holder of the Global Certificate(s), and each Beneficial Owner must look solely to Participants for the Common Shares beneficially owned by it. Provided that the Corporation has delivered, or caused to be delivered, Common Shares to the Warrant Agent or, with the consent of the Warrant Agent, to the Depository, as the case may be, in respect of the Global Certificate(s) as for delivery to Warrantholders who have exercised Warrants required by this Agreement, no person, including any Participant, shall have any claim against the Corporation in respect of any such Common Shares and the obligations of the Corporation shall be discharged by delivery to the Warrant Agent or Depository, as the case may be, in respect of such Common Shares; 2.12.2 The Corporation and the Warrant Agent understand that, if so requested by the Warrant Agent or the Corporation, the Depository will deliver to such requesting party a certified list of Participants (the "Participants' List") as at the date requested by such party showing the name and address of each Participant together with the Participant's interest in the Warrants and that, for so long as interests in the Warrants are represented by the Global Certificate(s), the Depository shall, upon the reasonable request of the Warrant Agent or the Corporation from time to time, deliver to such requesting party a copy of the then current Participants' List and such additional information as the Warrant Agent or Corporation may reasonably request. The Corporation and the Warrant Agent shall be entitled to rely upon all such information provided by the Depository; 2.12.3 The Corporation and the Warrant Agent understand that the Depository acts as the agent and depository for the Participants and neither the Corporation nor the Warrant Agent assume any liability or responsibility for: 2.12.3.1 any aspect of the records relating to the beneficial ownership of the Warrants held by the Depository or the payments relating to such Warrants; 2.12.3.2 maintaining, supervising or rev...
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Related to Dealings with the Depository

  • Trustee Dealings with the Company Subject to certain limitations set forth in the Indenture, the Trustee under the Indenture, in its individual or any other capacity, may become the owner or pledgee of Notes and may otherwise deal with and collect obligations owed to it by the Company or its Affiliates and may otherwise deal with the Company or its Affiliates with the same rights it would have if it were not Trustee.

  • Trustee Dealings with the Issuer The Trustee under the Indenture, in its individual or any other capacity, may become the owner or pledgee of Notes and may otherwise deal with and collect obligations owed to it by the Issuer or its Affiliates and may otherwise deal with the Issuer or its Affiliates with the same rights it would have if it were not Trustee.

  • Trustee Dealings with the Issuers The Trustee under the Indenture, in its individual or any other capacity, may become the owner or pledgee of Notes and may otherwise deal with and collect obligations owed to it by the Issuers or their Affiliates and may otherwise deal with the Issuers or their Affiliates with the same rights it would have if it were not Trustee.

  • Relationships with the Company Except as set forth below, neither the undersigned nor any of its affiliates, officers, directors or principal equity holders (owners of 5% of more of the equity securities of the undersigned) has held any position or office or has had any other material relationship with the Company (or its predecessors or affiliates) during the past three years.

  • DEPOSIT OF FUND ASSETS WITH THE UNDERLYING TRANSFER AGENT Underlying Shares beneficially owned by the Fund, on behalf of a Portfolio, shall be deposited and/or maintained in an account or accounts maintained with an Underlying Transfer Agent and the Custodian’s only responsibilities with respect thereto shall be limited to the following: 1) Upon receipt of a confirmation or statement from an Underlying Transfer Agent that such Underlying Transfer Agent is holding or maintaining Underlying Shares in the name of the Custodian (or a nominee of the Custodian) for the benefit of a Portfolio, the Custodian shall identify by book-entry that such Underlying Shares are being held by it as custodian for the benefit of such Portfolio. 2) In respect of the purchase of Underlying Shares for the account of a Portfolio, upon receipt of Proper Instructions, the Custodian shall pay out monies of such Portfolio as so directed, and record such payment from the account of such Portfolio on the Custodian’s books and records. 3) In respect of the sale or redemption of Underlying Shares for the account of a Portfolio, upon receipt of Proper Instructions, the Custodian shall transfer such Underlying Shares as so directed, record such transfer from the account of such Portfolio on the Custodian’s books and records and, upon the Custodian’s receipt of the proceeds therefor, record such payment for the account of such Portfolio on the Custodian’s books and records. The Custodian shall not be liable to the Fund for any loss or damage to the Fund or any Portfolio resulting from the maintenance of Underlying Shares with an Underlying Transfer Agent except for losses resulting directly from the fraud, negligence or willful misconduct of the Custodian or any of its agents or of any of its or their employees.

  • AFFILIATIONS WITH THE OBLIGOR If the obligor is an affiliate of the trustee, describe each affiliation: Based upon an examination of the books and records of the trustee and upon information furnished by the obligor, the obligor is not an affiliate of the trustee.

  • Filings with the NYSE The Company will timely file with the NYSE all material documents and notices required by the NYSE of companies that have or will issue securities that are traded on the NYSE.

  • Relationship with the Lenders (a) The Agent may treat each Lender as a Lender, entitled to payments under this Agreement and acting through its Facility Office unless it has received not less than five Business Days prior notice from that Lender to the contrary in accordance with the terms of this Agreement. (b) Each Lender shall supply the Agent with any information required by the Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost formulae).

  • Foreign Exchange with the Custodian as Principal The Custodian may undertake foreign exchange transactions with the Fund as principal as the Custodian and the Fund may agree from time to time. In such event, the foreign exchange transaction will be performed in accordance with the particular agreement of the parties, or in the event a principal foreign exchange transaction is initiated by Instruction in the absence of specific agreement, such transaction will be performed in accordance with the usual commercial terms of the Custodian.

  • Trustee Dealings with Company The Trustee, in its individual or any other capacity, may make loans to, accept deposits from, and perform services for the Company or its Affiliates, and may otherwise deal with the Company or its Affiliates, as if it were not the Trustee.

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