Common use of Global Note Clause in Contracts

Global Note. (a) In connection with a Dissolution Event: (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") to be registered in the name of the Depositary, or its nominee, and delivered by the Trustee to or for the account of the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 3 contracts

Samples: Second Supplemental Indenture (Great Western Financial Trust I /De/), Second Supplemental Indenture (Great Western Financial Trust I /De/), Second Supplemental Indenture (Great Western Financial Trust I /De/)

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Global Note. (a) In connection with a Dissolution Event:; (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes a Global Note in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") Notes, to be registered in the name of the DepositaryDepository, or its nominee, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iib) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, Certificate as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 2 contracts

Samples: Supplemental Indenture (Mediaone Group Inc), Supplemental Indenture (Us West Inc)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of The Depository Trust Company ("DTC"), as the Depositaryinitial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. Payments on the Notes issued as a Global global Note will be made in immediately available funds to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities (other than Preferred Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Security Certificates will be cancelled canceled and a Note in certificated form, registered in the name of the holder of the such Preferred Security Se- curity Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. On issue Upon issuance of such Notes, Notes in certificated form with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelledcanceled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 2 contracts

Samples: First Supplemental Indenture (Delphi Financial Group Inc/De), First Supplemental Indenture (Xl Capital LTD)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of the DepositaryThe Depository Trust Company ("DTC"), as the initial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. Payments on the Notes issued as a Global global Note will be made to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities (other than Preferred Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the such Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled cancelled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. On issue of such Notes, Notes in certificated form with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 2 contracts

Samples: First Supplemental Indenture (Tci Communications Financing Iv), First Supplemental Indenture (Tci Communications Financing Iv)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of The Depository Trust Company ("DTC"), as the Depositaryinitial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company ; the Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. Payments ; and payments on the Notes issued as a Global global Note will be made in immediately available funds to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Capital Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Capital Security Certificate which represents Preferred Capital Securities (other than Preferred Capital Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non Book-Entry Preferred Capital Securities") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Capital Securities until such Preferred Capital Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Capital Security Certificates will be cancelled canceled and a Note in certificated form, registered in the name of the holder of the Preferred such Capital Security Certificate or the transferee of the holder of such Preferred Capital Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Capital Security Certificate cancelled canceled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. On issue ; and upon issuance of such Notes, Notes in certificated form with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelledcanceled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Third Supplemental Indenture (Tci Communications Inc)

Global Note. (ai) In connection with a Dissolution Event:, (iA) the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global Note") ), to be registered in the name of the Depositary, or its nomineeDepository, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesLLC. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second ________ Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iiB) if any Trust Preferred Securities are held in non non-book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee and any Trust Preferred Security Certificate which represents Trust Preferred Securities other than Trust Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the LLC or the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Non-Book-Entry Trust Preferred Securities until such Trust Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Trust Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the Trust Preferred Security Certificate or the transferee of the holder of such Trust Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Trust Preferred Security Certificate cancelled cancelled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second ________ Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee LLC to the Trustee will be deemed to have been cancelled. (bii) A Unless and until it is exchanged for the Notes in registered form, a Global Note may be transferred, in whole but not in part part, only to another nominee of the DepositaryDepository, or to a successor Depositary Depository selected or approved by the Company or to a nominee of such successor DepositaryDepository. (ciii) If at any time the Depositary Depository notifies the Company that it is unwilling or unable to continue as Depositary Depository or if at any time the Depositary Depository for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary Depository for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.,

Appears in 1 contract

Samples: Supplemental Indenture (Teco Capital Trust Iii)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of The Depository Trust Company ("DTC"), as the Depositaryinitial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. Payments on the Notes issued as a Global global Note will be made in immediately available funds to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities (other than Preferred Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Security Certificates will be cancelled canceled and a Note in certificated form, registered in the name of the holder of the such Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. On issue Upon issuance of such Notes, Notes in certificated form with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelledcanceled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: First Supplemental Indenture (Coastal Corp)

Global Note. (a) In connection with a Dissolution Event:; (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes a Global Note in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") Notes, to be registered in the name of the DepositaryDepository, or its nominee, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iib) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, Certificate as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: First Supplemental Indenture (Mediaone Finance Trust Ii)

Global Note. (a) In connection with a Dissolution Event: (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") to be registered in the name of the Depositary, or its nominee, and delivered by the Trustee to or for the account of the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event event, the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Second Supplemental Indenture (Great Western Financial Corp)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes a Global Security in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of the Depositary, or its nominee, and delivered by the Trustee to or for the account of the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Regular Administrative Trustees. The Company Company, upon any such presentation presentation, shall execute a Global Note Security in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second _______ Supplemental Indenture. Payments on the Notes issued as a Global Note Security will be made to the Depositary; and (iib) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled cancelled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second _______ Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Supplemental Indenture (Commonwealth Edison Co)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of The Depository Trust Company ("DTC"), as the Depositaryinitial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Fourth Supplemental Indenture. Payments on the Notes issued as a Global global Note will be made in immediately available funds to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities (other than Preferred Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Security Certificates will be cancelled canceled and a Note in certificated form, registered in the name of the holder of the such Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.Fourth

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Tele Communications Inc /Co/)

Global Note. (a) In connection with a Dissolution Event:, (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global Note") ), to be registered in the name of the DepositaryClearing Agency, or its nominee, and delivered by the Trustee to or for the account of the Depositary Clearing Agency for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesTrustees and the Clearing Agency will act as Depository for the Notes. The Company Issuer upon any such presentation presentation, shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled cancelled, will be executed by the Company Issuer and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Except as provided in (c) below, a Global Note may be transferred, in whole but not in part part, only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company Issuer or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company Issuer within 90 days after the Company Issuer receives such notice or becomes aware of such condition, as the case may be, the Company Issuer will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two Section 2.8 of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.the

Appears in 1 contract

Samples: Supplemental Indenture (Consumers Energy Co Financing Ii)

Global Note. (a) In connection with a Dissolution Event:, (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global Note") ), to be registered in the name of the DepositaryClearing Agency, or its nominee, and delivered by the Trustee to or for the account of the Depositary Clearing Agency for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesTrustees and the Clearing Agency will act as Depository for the Notes. The Company Issuer upon any such presentation presentation, shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled canceled and a Note Note, registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company Issuer and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Except as provided in (c) below, a Global Note may be transferred, in whole but not in part part, only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company Issuer or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company Issuer within 90 days after the Company Issuer receives such notice or becomes aware of such condition, as the case may be, the Company Issuer will execute, and, subject to Section 2.8 of the Indenture, the Trustee Trustee, upon written notice from the Issuer, will authenticate and deliver the Notes in definitive registered form without couponsform, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company Issuer may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company Issuer will execute andexecute, and subject to Article Two Section 2.8 of the Indenture, the Trustee Trustee, upon receipt of an Officers' Certificate evidencing such determination by the Issuer, will authenticate and deliver the Notes in definitive registered form without couponsform, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without couponsform, in authorized denominations, the Global Note shall be cancelled canceled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Third Supplemental Indenture (Consumers Energy Co Financing Iv)

Global Note. (a) In connection with a Dissolution Event: (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") to be registered in the name of the Depositary, or its nominee, and delivered by the Trustee to or for the account of the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event event, the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Third Supplemental Indenture (Great Western Financial Trust Iii)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of the DepositaryThe Depository Trust Company ("DTC"), as the initial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. Payments on the Notes issued as a Global global Note will be made to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities (other than Preferred Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Security Certificates will be cancelled canceled and a Note Note, registered in the name of the holder of the such Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. On issue of such Notes, Notes in certificated form with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelledcanceled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Third Supplemental Indenture (Tci Communications Financing Vi)

Global Note. (a) In connection with a Dissolution Event:; (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes a Global Note in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") Notes, to be registered in the name of the DepositaryDepository, or its nominee, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second [ ] Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iib) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, Certificate as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second [ ] Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Supplemental Indenture (Mediaone Finance Trust Vi)

Global Note. (a) In connection with a Dissolution Event:, (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global Note") ), to be registered in the name of the DepositaryClearing Agency, or its nominee, and delivered by the Trustee to or for the account of the Depositary Clearing Agency for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesTrustees and the Clearing Agency will act as Depository for the Notes. The Company Issuer upon any such presentation presentation, shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Fourth Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled canceled and a Note Note, registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company Issuer and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Fourth Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Except as provided in (c) below, a Global Note may be transferred, in whole but not in part part, only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company Issuer or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company Issuer within 90 days after the Company Issuer receives such notice or becomes aware of such condition, as the case may be, the Company Issuer will execute, and, subject to Section 2.8 of the Indenture, the Trustee Trustee, upon written notice from the Issuer, will authenticate and deliver the Notes in definitive registered form without couponsform, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company Issuer may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company Issuer will execute andexecute, and subject to Article Two Section 2.8 of the Indenture, the Trustee Trustee, upon receipt of an Officers' Certificate evidencing such determination by the Issuer, will authenticate and deliver the Notes in definitive registered form without couponsform, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without couponsform, in authorized denominations, the Global Note shall be cancelled canceled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Supplemental Indenture (CMS Energy Corp)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of The Depository Trust Company ("DTC"), as the Depositaryinitial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. Payments on the Notes issued as a Global global Note will be made in immediately available funds to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities (other than Preferred Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Security Certificates will be cancelled canceled and a Note in certificated form, registered in the name of the holder of the such Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. On issue Upon issuance of such Notes, Notes in certificated form with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelledcanceled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Third Supplemental Indenture (Coastal Corp)

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Global Note. (a) In connection with a Dissolution Event:; (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes a Global Note in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") Notes, to be registered in the name of the DepositaryDepository, or its nominee, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iib) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, Certificate as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Second Supplemental Indenture (Mediaone Finance Trust Ii)

Global Note. (ai) In connection with a Dissolution Event:, (iA) the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global Note") ), to be registered in the name of the Depositary, or its nomineeDepository, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesLLC. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second Third Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iiB) if any Trust Preferred Securities are held in non non-book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee and any Trust Preferred Security Certificate which represents Trust Preferred Securities other than Trust Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the LLC or the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Non-Book-Entry Trust Preferred Securities until such Trust Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Trust Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the Trust Preferred Security Certificate or the transferee of the holder of such Trust Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Trust Preferred Security Certificate cancelled cancelled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second Third Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.an

Appears in 1 contract

Samples: Third Supplemental Indenture (Teco Energy Inc)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of The Depository Trust Company ("DTC"), as the Depositaryinitial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. Payments on the Notes issued as a Global global Note will be made in immediately available funds to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities (other than Preferred Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non BookNON BOOK-Entry Preferred SecuritiesENTRY PREFERRED SECURITIES") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Security Certificates will be cancelled canceled and a Note in certificated form, registered in the name of the holder of the such Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. On issue Upon issuance of such Notes, Notes in certificated form with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelledcanceled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: First Supplemental Indenture (Xl Capital LTD)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of The Depository Trust Company ("DTC"), as the Depositaryinitial Clearing Agency for the Notes, or its nomineethe nominee of DTC, and delivered by the Trustee to or for the account of the Depositary DTC for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company Company, upon any such presentation presentation, shall execute a Global global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. Payments on the Notes issued as a Global global Note will be made in immediately available funds to the DepositaryDTC (or a successor Clearing Agency); and (iib) if If any Preferred Securities are held in non book-certificated form (i.e., not in book entry certificated form), the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities (other than Preferred Securities held by the Depositary DTC (or a successor Clearing Agency) or its nominee nominee) ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes in certificated form presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance reissuance, at which time such Preferred Security Certificates will be cancelled canceled and a Note in certificated form, registered in the name of the holder of the such Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled canceled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Supplemental Indenture. On issue Upon issuance of such Notes, Notes in certificated form with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelledcanceled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Second Supplemental Indenture (Coastal Corp)

Global Note. (ai) In connection with a Dissolution Event:, (iA) the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global NoteGLOBAL NOTE") ), to be registered in the name of the Depositary, or its nomineeDepository, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesLLC. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second ________ Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iiB) if any Trust Preferred Securities are held in non non-book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee and any Trust Preferred Security Certificate which represents Trust Preferred Securities other than Trust Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non BookNON BOOK-Entry Preferred SecuritiesENTRY PREFERRED SECURITIES") will be deemed to represent beneficial interests in Notes presented to the Trustee by the LLC or the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Non-Book-Entry Trust Preferred Securities until such Trust Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Trust Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the Trust Preferred Security Certificate or the transferee of the holder of such Trust Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Trust Preferred Security Certificate cancelled cancelled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second ________ Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee LLC to the Trustee will be deemed to have been cancelled. (bii) A Unless and until it is exchanged for the Notes in registered form, a Global Note may be transferred, in whole but not in part part, only to another nominee of the DepositaryDepository, or to a successor Depositary Depository selected or approved by the Company or to a nominee of such successor DepositaryDepository. (ciii) If at any time the Depositary Depository notifies the Company that it is unwilling or unable to continue as Depositary Depository or if at any time the Depositary Depository for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary Depository for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to Article Eleven of the Original Indenture, the Trustee Trustee, upon written notice from the Company, will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a the Global Note. In such event the Company will execute andexecute, and subject to Article Two Section 303 of the Original Indenture, the Trustee Trustee, upon receipt of an Officers' Certificate evidencing such determination by the Company, will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the DepositaryDepository, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary Depository for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Supplemental Indenture (Teco Capital Trust Iii)

Global Note. (ai) In connection with a Dissolution Event:, (iA) the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global Note") ), to be registered in the name of the Depositary, or its nomineeDepository, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesLLC or the Property Trustee. The Company TECO upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second Sixth Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iiB) if any Trust Preferred Securities or LLC Preferred Certificates are held in non non-book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee and any Trust Preferred Security Certificate which represents Trust Preferred Securities other than Trust Preferred Securities held by the Depositary Clearing Agency or its nominee and any LLC Preferred Security Certificate which represents LLC Preferred Securities other than LLC Preferred Securities held by the Trust (together, the "Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the LLC or the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Non-Book-Entry Preferred Securities until such Trust Preferred Security Certificates or LLC Preferred Security Certificates, as the case may be, are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Trust Preferred Security Certificates or LLC Preferred Security Certificates, as the case may be, will be cancelled and a Note Note, registered in the name of the holder of the Trust Preferred Security Certificate or LLC Preferred Security Certificate, as the case may be, or the transferee of the holder of such Trust Preferred Security Certificate or LLC Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Trust Preferred Security Certificate cancelled or LLC Preferred Security Certificate cancelled, will be executed by the Company TECO and delivered to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second Sixth Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee LLC to the Trustee will be deemed to have been cancelled. (bii) A Unless and until it is exchanged for the Notes in registered form, a Global Note may be transferred, in whole but not in part part, only to another nominee of the DepositaryDepository, or to a successor Depositary Depository selected or approved by the Company TECO or to a nominee of such successor DepositaryDepository. (ciii) If at any time the Depositary Depository notifies the Company TECO that it is unwilling or unable to continue as Depositary Depository or if at any time the Depositary Depository for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary Depository for such series is not appointed by the Company TECO within 90 days after the Company TECO receives such notice or becomes aware of such condition, as the case may be, the Company TECO will execute, and, subject to Article Eleven of the Original Indenture, the Trustee Trustee, upon written notice from TECO, will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company TECO may at any time determine that the Notes shall no longer be represented by a the Global Note. In such event the Company TECO will execute andexecute, and subject to Article Two Section 303 of the Original Indenture, the Trustee Trustee, upon receipt of an Officers' Certificate evidencing such determination by TECO, will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the DepositaryDepository, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary Depository for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Teco Energy Inc)

Global Note. (ai) In connection with a Dissolution Event:, (iA) the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global Note") ), to be registered in the name of the Depositary, or its nomineeDepository, and delivered by the Trustee to or for the account of the Depositary Depository for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesLLC. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second ________ Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the DepositaryDepository; and (iiB) if any Trust Preferred Securities are held in non non-book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the LLC or the Property Trustee and any Trust Preferred Security Certificate which represents Trust Preferred Securities other than Trust Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the LLC or the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Non-Book-Entry Trust Preferred Securities until such Trust Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Trust Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the Trust Preferred Security Certificate or the transferee of the holder of such Trust Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Trust Preferred Security Certificate cancelled cancelled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Original Indenture and this Second ________ Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee LLC to the Trustee will be deemed to have been cancelled. (bii) A Unless and until it is exchanged for the Notes in registered form, a Global Note may be transferred, in whole but not in part part, only to another nominee of the DepositaryDepository, or to a successor Depositary Depository selected or approved by the Company or to a nominee of such successor DepositaryDepository. (ciii) If at any time the Depositary Depository notifies the Company that it is unwilling or unable to continue as Depositary Depository or if at any time the Depositary Depository for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary Depository for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to Article Eleven of the Original Indenture, the Trustee Trustee, upon written notice from the Company, will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a the Global Note. In such event the Company will execute andexecute, and subject to Article Two Section 303 of the Original Indenture, the Trustee Trustee, upon receipt of an Officers' Certificate evidencing such determination by the Company, will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the DepositaryDepository, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary Depository for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Supplemental Indenture (Teco Energy Inc)

Global Note. (a) In connection with a Dissolution Event:, (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to the aggregate principal amount of all Outstanding outstanding Notes (a "Global Note") ), to be registered in the name of the DepositaryClearing Agency, or its nominee, and delivered by the Trustee to or for the account of the Depositary Clearing Agency for crediting to the accounts of its participants pursuant to the instructions of the Regular TrusteesTrustees and the Clearing Agency will act as Depository for the Notes. The Company Issuer upon any such presentation presentation, shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Securities are held in non book-book- entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled cancelled, will be executed by the Company Issuer and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Except as provided in (c) below, a Global Note may be transferred, in whole but not in part part, only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company Issuer or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company Issuer that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company Issuer within 90 days after the Company Issuer receives such notice or becomes aware of such condition, as the case may be, the Company Issuer will execute, and, subject to Section 2.8 of the Indenture, the Trustee Trustee, upon written notice from the Issuer, will authenticate and deliver the Notes in definitive registered form without couponsform, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company Issuer may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company Issuer will execute andexecute, and subject to Article Two Section 2.8 of the Indenture, the Trustee Trustee, upon receipt of an Officers' Certificate evidencing such determination by the Issuer, will authenticate and deliver the Notes in definitive registered form without couponsform, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without couponsform, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Indenture (CMS Energy Corp)

Global Note. (a) In connection with a Dissolution Event: (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more a global Notes Note in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") to be registered in the name of the Depositary, or its nominee, and delivered by the Trustee to or for the account of the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any 5 9 such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled cancelled, and a Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate cancelled will be executed by the Company and delivered to the Trustee together with a Company Order for authentication and delivery in accordance with the Indenture and this Second First Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to Article Two of the 6 10 Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the TrusteeTrustee in writing. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: First Supplemental Indenture (Southwest Gas Corp)

Global Note. (a) In connection with a Dissolution Event: (i) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes in an aggregate principal amount equal to all Outstanding Notes (a "Global Note") to be registered in the name of the Depositary, or its nominee, and delivered by the Trustee to or for the account of the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Regular Trustees. The Company upon any such presentation shall execute a Global Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. Payments on the Notes issued as a Global Note will be made to the Depositary; and (ii) if any Preferred Capital Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Capital Security Certificate which represents Preferred Capital Securities other than Preferred Capital Securities held by the Depositary or its nominee ("Non Book-Entry Preferred Capital Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book- Entry Preferred Capital Securities until such Preferred Capital Security Certificates are presented to the Debt Securities Registrar for transfer or reissuance at which time such Preferred Capital Security Certificates will be cancelled and a Note registered in the name of the holder of the Preferred Capital Security Certificate or the transferee of the holder of such Preferred Capital Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Capital Security Certificate cancelled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Third Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event event, the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Third Supplemental Indenture (Great Western Financial Trust Iii)

Global Note. (a) In connection with a Dissolution Event: (ia) the Notes in certificated form may be presented to the Trustee by the Property Trustee in exchange for one or more global Notes a Global Security in an aggregate principal amount equal to all Outstanding the aggregate principal amount of the Notes (a "Global Note") so presented, to be registered in the name of the Depositary, or its nominee, and delivered by the Trustee to or for the account of the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Regular Administrative Trustees. The Company Company, upon any such presentation presentation, shall execute a Global Note Security in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Second Fourth Supplemental Indenture. Payments on the Notes issued as a Global Note Security will be made to the Depositary; and (iib) if any Preferred Securities are held in non book-entry certificated form, the Notes in certificated form may be presented to the Trustee by the Property Trustee and any Preferred Security Certificate which represents Preferred Securities other than Preferred Securities held by the Depositary Clearing Agency or its nominee ("Non Book-Entry Preferred Securities") will be deemed to represent beneficial interests in Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate stated liquidation amount of the Non Book- Book-Entry Preferred Securities until such Preferred Security Certificates are presented to the Debt Securities Security Registrar for transfer or reissuance at which time such Preferred Security Certificates will be cancelled and a Note Note, registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Security Certificate cancelled cancelled, will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Second Fourth Supplemental Indenture. On issue of such Notes, Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been cancelled. (b) A Global Note may be transferred, in whole but not in part only to another nominee of the Depositary, or to a successor Depositary selected or approved by the Company or to a nominee of such successor Depositary. (c) If at any time the Depositary notifies the Company that it is unwilling or unable to continue as Depositary or if at any time the Depositary for such series shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation, and a successor Depositary for such series is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such condition, as the case may be, the Company will execute, and, subject to the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. In addition, the Company may at any time determine that the Notes shall no longer be represented by a Global Note. In such event the Company will execute and, subject to Article Two of the Indenture, the Trustee will authenticate and deliver the Notes in definitive registered form without coupons, in authorized denominations, and in an aggregate principal amount equal to the principal amount of the Global Note in exchange for such Global Note. Upon the exchange of the Global Note for such Notes in definitive registered form without coupons, in authorized denominations, the Global Note shall be cancelled by the Trustee. Such Notes in definitive registered form issued in exchange for the Global Note shall be registered in such names and in such authorized denominations as the Depositary, pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. The Trustee shall deliver such Notes to the Depositary for delivery to the Persons in whose names such Notes are so registered.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Commonwealth Edison Co)

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