Common use of Global Subordinated Notes Clause in Contracts

Global Subordinated Notes. (a) Provided that applicable depository eligibility requirements are met, upon the written election of any Noteholder that is either (i) a Qualified Institutional Buyer, as defined in Rule 144A under the Securities Act, or (ii) an institutional “accredited investor” as defined in Rule 501(a)(1), (2), (3) or (7) under the Securities Act, the Company shall use its commercially reasonable efforts to provide that the Subordinated Notes owned by such Noteholders shall be issued in the form of one or more Global Subordinated Notes (each a “Global Subordinated Note”) registered in the name of DTC or another organization registered as a clearing agency under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and designated as Depositary by the Company or any successor thereto (the “Depositary”) or a nominee thereof and delivered to such Depositary or a nominee thereof.

Global Subordinated Notes. (a) Provided that applicable depository eligibility requirements are met, upon the written election of any Noteholder that is either (i) a Qualified Institutional Buyer, as defined in Rule 144A under the Securities Act, or (ii) an institutional “accredited investor,” as defined in Rule 501(a)(1), (2), (3) or (7) under the Securities Act, the Company shall use its commercially reasonable efforts to provide that cause the Subordinated Notes owned by such Noteholders shall to be issued in the form of one or more Global Subordinated Notes (each a “Global Subordinated Note”) registered in the name of DTC The Depository Trust Company or another organization registered as a clearing agency under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and designated as Depositary by the Company or any successor thereto (the “Depositary”) or a nominee thereof and delivered to such Depositary or a nominee thereof.

Global Subordinated Notes. (a) Provided that applicable depository eligibility requirements are met, upon the written election of any Noteholder holder of Subordinated Notes that is either (i) a Qualified Institutional Buyerqualified institutional buyer, as defined in Rule 144A under the Securities Act, or Act (ii) an institutional “accredited investor” as defined in Rule 501(a)(1Qualified Institutional Buyer”), (2), (3) or (7) under the Securities Act, the Company shall will use its commercially reasonable efforts to provide that the Subordinated Notes owned by such Noteholders shall holders of Subordinated Notes that are Qualified Institutional Buyers will be issued in the form of one or more Global global Subordinated Notes (each a “Global Subordinated Note”) registered in the name of DTC The Depository Trust Company or another organization registered as a clearing agency under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and designated as Depositary depositary by the Company or any successor thereto (the “Depositary”) or a nominee thereof and delivered to such Depositary or a nominee thereof.