Definitive Certificates. If (i) a Clearing Agency notifies the Company that it is unwilling or unable to continue its services as securities depositary with respect to the Units and a successor Clearing Agency is not appointed within 90 days pursuant to Section 3.8 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 Units, then upon surrender of the Global Certificates representing the Book‑Entry Interests with respect to the 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 notifies the Company that it is unwilling or unable to continue its services as securities depositary with respect to the Units and a successor Clearing Agency is not appointed within 90 days pursuant to Section 3.8 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 Units, then upon surrender of the Global Certificates representing the Book‑Entry Book-Entry Interests with respect to the 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 notifies the Company that it is unwilling or unable elects to continue discontinue its services as securities depositary with respect to the Units and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8 after such notice has been given and is continuing, 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 UnitsDeclaration or this Unit Agreement, then upon surrender of the Global Certificates Units representing the Book‑Entry Interests with respect to the 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 notifies the Company that it is unwilling or unable elects to continue discontinue its services as securities depositary with respect to the Units Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8 after such notice has been given and is continuing, 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 Unitsof its obligations under one or more Purchase Contracts, then upon surrender of the Global Certificates representing the Book‑Entry Interests with respect to the Units 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 (Polaroid Corp), Purchase Contract Agreement (Nisource Inc), Purchase Contract Agreement (Bank United Corp)
Definitive Certificates. If (i) a Clearing Agency notifies the Company that it is unwilling or unable elects to continue discontinue its services as securities depositary with respect to the Units Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8 after such notice has been given and is continuing, 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 Unitsof its obligations under one or more Purchase Contracts, or one or more Notes, then upon surrender of the Global Certificates representing the Book‑Entry Book-Entry Interests with respect to the Units 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 (i) a Clearing Agency notifies the Company that it is unwilling or unable elects to continue discontinue its services as securities depositary with respect to the Units Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8 after such notice has been given and is continuing3.8, or (ii) the Company elects to terminate the book‑entry book-entry system through the Clearing Agency with respect to the UnitsSecurities, then upon surrender of the Global Certificates representing the Book‑Entry Book-Entry Interests with respect to the Units 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 2 contracts
Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)
Definitive Certificates. If (i) a Clearing Agency notifies the Company that it is unwilling or unable elects to continue discontinue its services as securities depositary with respect to the Units Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8 after such notice has been given and is continuing, 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 UnitsIndenture, then upon surrender of the Global Certificates representing the Book‑Entry Book-Entry Interests with respect to the Units 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/)
Definitive Certificates. If (i) a Clearing Agency notifies the Company that it is unwilling or unable to continue its services as securities depositary with respect to the Units and a successor Clearing Agency is not appointed within 90 days pursuant to Section 3.8 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 Units, then upon surrender of the Global Certificates representing the Book‑Entry Book-Entry Interests with respect to the 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.. DB1/ 132079547.5
Appears in 1 contract
Samples: Purchase Contract Agreement (Florida Power & Light Co)
Definitive Certificates. If (i) a Clearing Agency notifies the Company that it is unwilling or unable elects to continue discontinue its services as securities depositary with respect to the Units Securities and a successor Clearing Agency is not appointed within 90 days after such discontinuance pursuant to Section 3.8 after such notice has been given and is continuing, 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 Unitsof its obligations under one or more Purchase Contracts, then upon surrender of the Global Certificates representing the Book‑Entry Book-Entry Interests with respect to the Units 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)