Common use of Global Securities in General Clause in Contracts

Global Securities in General. Each Global Security shall represent such of the outstanding Notes as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Notes stated thereon, but that the aggregate amount of outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases and conversions of such Notes. Any adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Notes represented thereby shall be made by the Trustee in accordance with instructions given by the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee and the Depositary. Neither any members of, or participants in, the Depositary (collectively, the "AGENT MEMBERS") nor any other persons on whose behalf Agent Members may act may exercise any rights under this Indenture with respect to any Global Security registered in the name of the Depositary or any nominee thereof, or under any such Global Security, and the Depositary or such nominee, as the case may be, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, its Agent Members and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a holder of any Note.

Appears in 2 contracts

Samples: Indenture (Cray Inc), Indenture (Synaptics Inc)

AutoNDA by SimpleDocs

Global Securities in General. Each Global Security shall represent such of the outstanding Notes Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Notes stated thereon, but Securities from time to time endorsed thereon (giving effect to any Payment-in-Kind Interest made thereon by increasing the aggregate principal amount of such relevant Global Security) and that the aggregate amount of outstanding Notes Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, redemptionspurchases, repurchases and conversions of such NotesSecurities or payment of Payment-in-Kind Interest. Any adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Notes Securities represented thereby shall be made by the Trustee in accordance with instructions given by the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee and the Depositary. Neither any members Members of, or participants in, the Depositary (collectively, the "AGENT MEMBERS"“Agent Members”) nor any other persons on whose behalf Agent Members may act may exercise any shall have no rights under this Indenture with respect to any Global Security registered in the name of held on their behalf by the Depositary or any nominee thereof, or under any such the Global Security, and the Depositary or such (including, for this purpose, its nominee, as the case may be, ) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A1) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B2) impair, as between the Depositary, Depositary and its Agent Members and any other person on whose behalf an Agent Member may actMembers, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any NoteSecurity.

Appears in 2 contracts

Samples: Indenture (AbitibiBowater Inc.), Indenture (Bowater Inc)

Global Securities in General. Each Global Security shall represent such of the outstanding Outstanding Notes as shall be specified therein and each shall provide that it shall initially represent the aggregate amount Principal Amount of outstanding Outstanding Notes stated thereon, but from time to time endorsed thereon and that the aggregate amount Principal Amount of outstanding Outstanding Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases and conversions redemptions or purchases of such Notes. Any adjustment of the aggregate principal amount endorsement of a Global Security to reflect the amount of any increase or decrease in the amount Principal Amount of outstanding Outstanding Notes represented thereby shall be made by the Trustee Securities Custodian in accordance with the standing instructions given by and procedures existing between the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee Depository and the DepositarySecurities Custodian. Neither any members of, or participants in, the Depositary Depository (collectively, the "AGENT MEMBERS"“Agent Members”) nor any other persons Persons on whose behalf Agent Members may act may exercise any shall have rights under this First Supplemental Indenture with respect to any Global Security registered held in the name of the Depositary Depository or any nominee nominees thereof, or under any such the Global Security, and the Depositary or such nomineeDepository (including, as the case may befor this purpose, their nominees) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute sole owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, Depository or (B) impair, as between the DepositaryDepository, its Agent Members and any other person Person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any Note.

Appears in 1 contract

Samples: First Supplemental Indenture (Time Warner Cable Inc.)

Global Securities in General. Each Global Security shall represent such of the outstanding Notes Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Notes stated thereon, but Securities from time to time endorsed thereon and that the aggregate amount of outstanding Notes Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect replacements, exchanges, redemptions, repurchases and purchases or conversions (to the extent that a Conversion Termination has not occurred pursuant to the provisions of Section 4.2 of this Indenture) of such NotesSecurities. Any adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Notes Securities represented thereby shall be made by the Trustee in accordance with instructions given by the Holder thereof as required by Section 2.12 hereof and shall be made on the records of the Trustee and the Depositary. Neither any members Members of, or participants in, the Depositary (collectively, the "AGENT MEMBERSAgent Members") nor any other persons on whose behalf Agent Members may act may exercise any shall have no rights under this Indenture with respect to any Global Security registered in the name of held on their behalf by the Depositary or any nominee thereof, or under any such the Global Security, and the Depositary or such (including, for this purpose, its nominee, as the case may be, ) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, Depositary and its Agent Members and any other person on whose behalf an Agent Member may actMembers, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any NoteSecurity.

Appears in 1 contract

Samples: Indenture (Cypress Semiconductor Corp /De/)

Global Securities in General. Each Global Security shall ---------------------------- represent such of the outstanding Notes Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Notes stated thereon, but Securities from time to time endorsed thereon and that the aggregate amount of outstanding Notes Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases and purchases or conversions of such NotesSecurities. Any adjustment of the aggregate principal amount endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Notes Securities represented thereby shall be made by the Trustee Securities Custodian in accordance with the standing instructions given by and procedures existing between the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee Depositary and the DepositarySecurities Custodian. Neither any members Members of, or participants in, the Depositary (collectively, the "AGENT MEMBERSAgent Members") nor any other persons on whose behalf Agent Members may act may exercise any shall have ------------- no rights under this Indenture with respect to any Global Security registered in the name of held on their behalf by the Depositary or any nominee thereof, or under any such the Global Security, and the Depositary or such (including, for this purpose, its nominee, as the case may be, ) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding Notwithstanding, the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, Depositary and its Agent Members and any other person on whose behalf an Agent Member may actMembers, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any NoteSecurity.

Appears in 1 contract

Samples: Indenture (Act Manufacturing Inc)

Global Securities in General. Each Global Security shall ---------------------------- represent such of the outstanding Notes Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Notes stated thereon, but Securities from time to time endorsed thereon and that the aggregate amount of outstanding Notes Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases and purchases or conversions of such NotesSecurities. Any adjustment of the aggregate principal amount endorsement of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Notes Securities represented thereby shall be made by the Trustee Securities Custodian in accordance with the standing instructions given by and procedures existing between the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee Depositary and the DepositarySecurities Custodian. Neither any members Members of, or participants in, the Depositary (collectively, the "AGENT MEMBERSAgent ----- Members") nor any other persons on whose behalf Agent Members may act may exercise any shall have no rights under this Indenture with respect to any Global ------- Security registered in the name of held on their behalf by the Depositary or any nominee thereof, or under any such Global Security, and the Depositary or such (including, for this purpose, its nominee, as the case may be, ) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, Depositary and its Agent Members and any other person on whose behalf an Agent Member may actMembers, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any NoteSecurity.

Appears in 1 contract

Samples: Indenture (Penney J C Co Inc)

Global Securities in General. Each Global Security shall represent such of the outstanding Notes Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Notes stated thereon, but Securities from time to time endorsed thereon and that the aggregate amount of outstanding Notes Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases and purchases or conversions of such NotesSecurities. Any adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Notes Securities represented thereby shall be made by the Trustee in accordance with instructions given by the Holder thereof as required by Section 2.12 hereof and shall be made on the records of the Trustee and the Depositary. Neither any members of, or participants in, the Depositary (collectively, the "AGENT MEMBERS"“Agent Members”) nor any other persons on whose behalf Agent Members may act may exercise shall have any rights under this Indenture with respect to any Global Security registered in the name of held on their behalf by the Depositary or any nominee thereof, or under any such the Global Security, and the Depositary or such (including, for this purpose, its nominee, as the case may be, ) may be treated by the CompanyIssuer, the Trustee and any agent of the Company Issuer or the Trustee as the absolute owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the CompanyIssuer, the Trustee or any agent of the Company Issuer or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, Depositary and its Agent Members and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any NoteSecurity.

Appears in 1 contract

Samples: Indenture (Wynn Resorts LTD)

AutoNDA by SimpleDocs

Global Securities in General. Each Global Security shall represent such of the outstanding Notes Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Notes Securities stated thereon, but that the aggregate amount of outstanding Notes Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases purchases and conversions of such NotesSecurities. Any adjustment of the aggregate principal amount of a Global Security to reflect the amount of any increase or decrease in the amount of outstanding Notes Securities represented thereby shall be made by the Trustee in accordance with instructions given by the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee and the Depositary. Neither any members of, or participants in, the Depositary (collectively, the "AGENT MEMBERS") nor any other persons on whose behalf Agent Members may act may exercise shall have any rights under this Indenture with respect to any Global Security registered in the name of the Depositary or any nominee thereof, or under any such Global Security, and the Depositary or such nominee, as the case may be, may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, its Agent Members and any other person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a holder of any NoteSecurity.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Global Securities in General. Each Global Security shall represent such of the outstanding Outstanding 2007 Notes as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Outstanding 2007 Notes stated thereon, but from time to time endorsed thereon and that the aggregate amount of outstanding Outstanding 2007 Notes represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases and purchases or conversions of such 2007 Notes. Any adjustment of the aggregate principal amount endorsement of a Global Security to reflect the amount of any increase or decrease in the principal amount of outstanding Outstanding 2007 Notes represented thereby shall be made by the Trustee Securities Custodian in accordance with the standing instructions given by and procedures existing between the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee Depositary and the DepositarySecurities Custodian. Neither any members Members of, or participants in, the Depositary (collectively, the "AGENT MEMBERSAgent Members") nor any other persons on whose behalf Agent Members may act may exercise any shall have no rights under this the Indenture with respect to any Global Security registered in the name of held on their behalf by the Depositary or any nominee thereof, or under any such the Global Security, and the Depositary or such (including, for this purpose, its nominee, as the case may be, ) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, Depositary and its Agent Members and any other person on whose behalf an Agent Member may actMembers, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any 2007 Note. The Company initially appoints The Depository Trust Company to act as Depositary with respect to the Global Securities.

Appears in 1 contract

Samples: First Supplemental Indenture (Quanta Services Inc)

Global Securities in General. Each Global Security shall represent such of the outstanding Notes Outstanding 2021 Debentures as shall be specified therein and each shall provide that it shall initially represent the aggregate principal amount of outstanding Notes stated thereon, but Outstanding 2021 Debentures from time to time endorsed thereon and that the aggregate principal amount of outstanding Notes Outstanding 2021 Debentures represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases and purchases or conversions of such Notes2021 Debentures. Any adjustment of the aggregate principal amount endorsement of a Global Security to reflect the amount of any increase or decrease in the principal amount of outstanding Notes Outstanding 2021 Debentures represented thereby shall be made by the Trustee Securities Custodian in accordance with the standing instructions given by and procedures existing between the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee Depositary and the DepositarySecurities Custodian. Neither any members of, or participants in, the Depositary (collectively, the "AGENT MEMBERSAgent Members") nor any other persons Persons on whose behalf Agent Members may act may exercise any shall have rights under this Indenture with respect to any Global Security registered held in the name of the Depositary or any nominee thereof, or under any such the Global Security, and the Depositary or such (including, for this purpose, its nominee, as the case may be, ) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, its Agent Members and any other person Person on whose behalf an Agent Member may act, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any Note2021 Debenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Carnival Corp)

Global Securities in General. Each Global Security shall ---------------------------- represent such of the outstanding Notes Securities as shall be specified therein and each shall provide that it shall initially represent the aggregate amount of outstanding Notes stated thereon, but Securities from time to time endorsed thereon and that the aggregate amount of outstanding Notes Securities represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges, redemptions, repurchases and purchases or conversions of such NotesSecurities. Any adjustment of the aggregate principal amount endorsement of a Global Security to reflect the amount of any increase or decrease in the amount Principal Amount of outstanding Notes Securities represented thereby shall be made by the Trustee Securities Custodian in accordance with the standing instructions given by and procedures existing between the Holder thereof as required by Section 2.12 and shall be made on the records of the Trustee Depositary and the DepositarySecurities Custodian. Neither any members Members of, or participants in, the Depositary (collectively, the "AGENT MEMBERSAgent Members") nor any other persons on whose behalf Agent Members may act may exercise any shall have no rights under this Indenture with respect to any Global Security registered in the name of held on their behalf by the Depositary or any nominee thereof, or under any such the Global Security, and the Depositary or such (including, for this purpose, its nominee, as the case may be, ) may be treated by the Company, the Trustee and any agent of the Company or the Trustee as the absolute owner and holder Holder of such Global Security for all purposes whatsoever. Notwithstanding the foregoing, nothing contained herein shall (A) prevent the Company, the Trustee or any agent of the Company or the Trustee from giving effect to any written certification, proxy or other authorization furnished by the Depositary or such nominee, as the case may be, or (B) impair, as between the Depositary, Depositary and its Agent Members and any other person on whose behalf an Agent Member may actMembers, the operation of customary practices of such Persons governing the exercise of the rights of a holder Holder of any NoteSecurity.

Appears in 1 contract

Samples: Indenture (Alza Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!