Common use of Global Unit Legend Clause in Contracts

Global Unit Legend. Each Global Unit will bear a legend in substantially the following form: “THIS GLOBAL UNIT IS HELD BY THE DEPOSITORY (AS DEFINED IN THE UNIT AGREEMENT GOVERNING THIS UNIT) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) THE UNIT AGENT MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 4 AND SECTION 9 OF THE UNIT AGREEMENT, (2) THIS GLOBAL UNIT MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 9(a) OF THE UNIT AGREEMENT, (3) THIS GLOBAL UNIT MAY BE DELIVERED TO THE UNIT AGENT FOR CANCELLATION PURSUANT TO SECTION 14 OF THE UNIT AGREEMENT AND (4) THIS GLOBAL UNIT MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITORY WITH THE PRIOR WRITTEN CONSENT OF EACH OF DYNEGY FINANCE I, INC. AND DYNEGY FINANCE II, INC. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR UNITS IN DEFINITIVE FORM, THIS UNIT MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE DEPOSITORY OR BY A NOMINEE OF THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY OR BY THE DEPOSITORY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITORY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITORY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 XXXXX XXXXXX, XXX XXXX, XXX XXXX) (“DTC”) TO THE ISSUERS OR THEIR RESPECTIVE AGENTS FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.”

Global Unit Legend. Each Global Unit will bear a legend in substantially the following form: “THIS GLOBAL UNIT IS HELD BY OR ON BEHALF OF THE DEPOSITORY DEPOSITARY (AS DEFINED IN THE UNIT AGREEMENT INDENTURE GOVERNING THIS UNITSECURITY) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) THE UNIT AGENT TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 4 AND SECTION 9 2.06 OF THE UNIT AGREEMENTINDENTURE, (2) THIS GLOBAL UNIT MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 9(a2.06(a) OF THE UNIT AGREEMENTINDENTURE, (3) THIS GLOBAL UNIT MAY BE DELIVERED TO THE UNIT AGENT TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 14 2.11 OF THE UNIT AGREEMENT INDENTURE AND (4) THIS GLOBAL UNIT MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITORY DEPOSITARY OR ITS NOMINEE WITH THE PRIOR WRITTEN CONSENT OF EACH OF DYNEGY FINANCE I, INC. AND DYNEGY FINANCE II, INCTHE ISSUERS. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR UNITS SECURITIES IN DEFINITIVE FORM, THIS UNIT SECURITY MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITORY DEPOSITARY TO A NOMINEE OF THE DEPOSITORY DEPOSITARY OR BY A NOMINEE OF THE DEPOSITORY DEPOSITARY TO THE DEPOSITORY DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITORY DEPOSITARY OR BY THE DEPOSITORY DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITORY DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITORYDEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 XXXXX XXXXXXWATER STREET, XXX XXXXNEW YORK, XXX XXXXNEW YORK) (“DTC”) ), TO THE ISSUERS OR THEIR RESPECTIVE AGENTS FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.”