Common use of Definitive Certificates Clause in Contracts

Definitive Certificates. If (i) a Clearing Agency elects to discontinue its services as securities depositary with respect to the Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8, or (ii) the Company elects to terminate the book-entry system through the Clearing Agency with respect to the Securities, then upon surrender of the Global Certificates representing the Book-Entry Interests with respect to the Securities by the Clearing Agency, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 15 contracts

Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Amerus Group Co/Ia), Purchase Contract Agreement (Txu Capital Iv)

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Definitive Certificates. If (i) a Clearing Agency elects notifies the Company that it is unwilling or unable to discontinue continue its services as securities depositary with respect to the Securities Units and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.83.8 after such notice has been given and is continuing, or (ii) the Company elects to terminate the book-entry book‑entry system through the Clearing Agency with respect to the SecuritiesUnits, then upon surrender of the Global Certificates representing the Book-Entry Book‑Entry Interests with respect to the Securities Units by the Clearing Agency, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 8 contracts

Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)

Definitive Certificates. If (i) a Clearing Agency elects notifies the Company that it is unwilling or unable to discontinue continue its services as securities depositary with respect to the Securities Units and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.83.8 after such notice has been given and is continuing, or (ii) the Company elects to terminate the book-entry system through the Clearing Agency with respect to the SecuritiesUnits, then upon surrender of the Global Certificates representing the Book-Entry Interests with respect to the Securities Units by the Clearing Agency, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 8 contracts

Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)

Definitive Certificates. If (i) a Clearing Agency elects to discontinue its services as securities depositary with respect to the Securities Units and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8, 3.9 or (ii) there shall have occurred and be continuing a default by the Company elects to terminate in respect of its obligations under the book-entry system through Warrant Agreement, the Clearing Agency with respect to Indenture, the SecuritiesDeclaration or this Unit Agreement, then upon surrender of the Global Certificates Units representing the Book-Entry Interests with respect to the Securities Units by the Clearing Agency, accompanied by registration instructions, the Company and the Trust shall cause definitive Definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 6 contracts

Samples: Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc)

Definitive Certificates. If (i) a Clearing Agency elects to discontinue its services as securities depositary with respect to the Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8, 3.8 or (ii) there shall have occurred and be continuing a default by the Company elects to terminate the book-entry system through the Clearing Agency with in respect to the Securitiesof its obligations under one or more Purchase Contracts, then upon surrender of the Global Certificates representing the Book-Entry Interests with respect to the Securities by the Clearing Agency, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 5 contracts

Samples: Purchase Contract Agreement (Bank United Corp), Purchase Contract Agreement (Polaroid Corp), Purchase Contract Agreement (Nipsco Industries Inc)

Definitive Certificates. If (i) a Clearing Agency elects to discontinue its services as securities depositary with respect to the Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8, 3.8 hereof or (ii) there shall have occurred and be continuing a default by the Company elects to terminate the book-entry system through the Clearing Agency with in respect to the Securitiesof its obligations under one or more Purchase Contracts, or one or more Notes, then upon surrender of the Global Certificates representing the Book-Entry Interests with respect to the Securities by the Clearing Agency, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 3 contracts

Samples: Purchase Contract Agreement (Alltel Corp), Purchase Contract Agreement (Gabelli Asset Management Inc), Purchase Contract Agreement (Alltel Corp)

Definitive Certificates. If If: (i1) a Clearing Agency the Depositary elects to discontinue its services as securities depositary with respect to the Securities or ceases to be a Clearing Agency and a successor Clearing Agency Depositary is not appointed within 90 days after such discontinuance pursuant to Section 3.8, 3.8 or such cessation; or (ii2) the Company elects to terminate the book-entry system through the Clearing Agency Depositary with respect to the Securities, then upon surrender of the Global Certificates representing the Book-Entry Interests with respect to the Securities by the Clearing AgencyDepositary, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing AgencyDepositary. The Company and the Purchase Contract Agent shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 3 contracts

Samples: Purchase Contract Agreement (Pp&l Capital Funding Trust I), Purchase Contract Agreement (Hovnanian Enterprises Inc), Purchase Contract Agreement (Pp&l Capital Funding Inc)

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Definitive Certificates. If (i) a Clearing Agency elects to discontinue its services as securities depositary with respect to the Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8, 3.8 or (ii) there shall have occurred and be continuing a default by the Company elects to terminate the book-entry system through the Clearing Agency with in respect to the Securitiesof its obligations under one or more Purchase Contracts, then upon surrender of the Global Certificates representing the Book-Entry Interests with respect to the Securities by the Clearing Agency, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 1 contract

Samples: Purchase Contract Agreement (K N Capital Trust Iii)

Definitive Certificates. If (i) a Clearing Agency elects to discontinue its services as securities depositary with respect to the Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8, or (ii) the Company elects to terminate the book-entry system through the Clearing Agency with respect to the Securities, then upon surrender of the Global Certificates representing the Book-Entry Interests with respect to the Securities by the Clearing Agency, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions. SECTION 3.10.

Appears in 1 contract

Samples: Purchase Contract Agreement (Florida Power & Light Co)

Definitive Certificates. If (i) a Clearing Agency elects to discontinue its services as securities depositary with respect to the Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8, 3.8 hereof or (ii) there shall have occurred and be continuing a default by the Company elects to terminate in respect of its obligations under one or more Purchase Contracts, or the book-entry system through the Clearing Agency with respect to the SecuritiesIndenture, then upon surrender of the Global Certificates representing the Book-Entry Interests with respect to the Securities by the Clearing Agency, accompanied by registration instructions, the Company shall cause definitive Certificates to be delivered to Beneficial Owners in accordance with the instructions of the Clearing Agency. The Company shall not be liable for any delay in delivery of such instructions and may conclusively rely on and shall be protected in relying on, such instructions.

Appears in 1 contract

Samples: Purchase Contract Agreement (St Paul Companies Inc /Mn/)

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