Common use of ENTRY PROVISIONS FOR GLOBAL NOTES Clause in Contracts

ENTRY PROVISIONS FOR GLOBAL NOTES. The Company shall execute and the Trustee shall, in accordance with this Section 311, authenticate and deliver initially one or more Global Notes that (a) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary, (b) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary's instructions or held by the Custodian and (c) bear legends as set forth in Section 202. Members of, or participants in the Depositary ("AGENT MEMBERS") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary or by the Custodian or under such Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 2 contracts

Samples: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)

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ENTRY PROVISIONS FOR GLOBAL NOTES. The Company Each Global Note initially shall execute and the Trustee shall, in accordance with this Section 311, authenticate and deliver initially one or more Global Notes that (ai) shall be registered in the name of Cede & Co., as nominee of the Depositary for (such nominee being referred to herein as the "Global Note Holder"), (ii) be deposited with, or Global Notes on behalf of, the Depositary or with the nominee of Trustee, as custodian for such Depositary, (b) shall be delivered by the Trustee to such Depositary or pursuant to such Depositary's instructions or held by the Custodian and (ciii) bear legends as set forth in Section 202. Members of, or participants in in, the Depositary ("AGENT MEMBERSAgent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or by the Custodian Trustee as its custodian, or under such any Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder Holder of a beneficial interest in any Global Note.

Appears in 1 contract

Samples: Indenture (Ascent Entertainment Group Inc)

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ENTRY PROVISIONS FOR GLOBAL NOTES. The Company Each Global Note initially shall execute and the Trustee shall, in accordance with this Section 311, authenticate and deliver initially one or more Global Notes that (ai) shall be registered in the name of the Depositary for such Global Note or Global Notes or the nominee of such Depositary, (bii) shall be delivered by to the Trustee to as custodian for such Depositary or pursuant to such Depositary's instructions or held by the Custodian and (ciii) bear legends as set forth in Section 202. Members of, or participants in in, the Depositary ("AGENT MEMBERSAgent Members") shall have no rights under this Indenture with respect to any Global Note held on their behalf by the Depositary Depositary, or by the Custodian Trustee as its custodian, or under such the Global Note, and the Depositary may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner of such Global Note for all purposes whatsoever. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or shall impair, as between the Depositary and its Agent Members, the operation of customary practices of such Depositary governing the exercise of the rights of a holder of a beneficial interest in any Global Note.

Appears in 1 contract

Samples: Indenture (Flag Telecom Holdings LTD)

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