Holders of Receipts Are Parties Sample Clauses

Holders of Receipts Are Parties. The holders of Receipts from time to time shall be parties to this Deposit Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts by acceptance of delivery thereof.
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Holders of Receipts Are Parties. The Holders of Receipts from time to time shall be parties to this Deposit Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts by acceptance of delivery thereof. Each Holder of Receipts shall become a party hereto upon acceptance by such Holder of Receipts of delivery of one or more Receipts issued in accordance with the terms hereof. The undersigned has executed this Deposit Agreement as of the date first set forth above. MAGNUM HUNTER RESOURCES CORPORATION By: /s/ Xxxx X. Xxxxxxxx Xxxx X. Xxxxxxxx Senior Vice President & General Counsel The undersigned has executed this Deposit Agreement as of the date first set forth above. AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Senior Vice President [IF RESTRICTED SECURITIES ARE ISSUED: THE DEPOSITARY SHARES REPRESENTED BY THIS RECEIPT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT” ), OR ANY STATE SECURITIES LAWS. NEITHER THE DEPOSITARY RECEIPTS NOR ANY INTEREST OR PARTICIPATION THEREIN MAY BE REOFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, REGISTRATION UNDER THE SECURITIES ACT. BY ITS ACQUISITION HEREOF, THE HOLDER AGREES TO OFFER, SELL OR OTHERWISE TRANSFER THE DEPOSITARY SHARES REPRESENTED BY THIS RECEIPT PRIOR TO THE DATE AFTER THE ORIGINAL ISSUE DATE HEREOF ON WHICH THE DEPOSITARY SHARES MAY BE RESOLD PURSUANT TO RULE 144 UNDER THE SECURITIES ACT (THE “RESALE RESTRICTION TERMINATION DATE”) ONLY (A) TO MAGNUM HUNTER RESOURCES CORPORATION (THE “CORPORATION”) OR ANY SUBSIDIARY THEREOF, (B) PURSUANT TO A REGISTRATION STATEMENT WHICH HAS BEEN DECLARED EFFECTIVE UNDER THE SECURITIES ACT, OR (C) PURSUANT TO ANY OTHER AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT, SUBJECT TO THE CORPORATION’S AND THE DEPOSITARY’S RIGHT PRIOR TO ANY SUCH OFFER, SALE OR TRANSFER PURSUANT TO CLAUSE (C) PRIOR TO THE RESALE RESTRICTION TERMINATION DATE TO REQUIRE THE DELIVERY OF AN OPINION OF COUNSEL, CERTIFICATIONS AND/OR OTHER INFORMATION SATISFACTORY TO EACH OF THEM, AND IN EACH OF THE FOREGOING CASES, TO REQUIRE THAT A CERTIFICATE OF TRANSFER IN THE FORM APPEARING ON THE OTHER SIDE OF THIS RECEIPT IS COMPLETED AND DELIVERED BY THE TRANSFEROR TO THE DEPOSITARY. THIS LEGEND WILL BE REMOVED UPON THE REQUEST OF THE HOLDER AFTER THE RESALE R...
Holders of Receipts Are Parties. The Holders of Receipts from time to time shall be parties to this Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts. The provisions of this Agreement are intended to benefit only the parties hereto and their respective permitted successors and assigns, and no rights shall be granted to any other person by virtue of this Agreement. It is the intent of the Fund that the Holders of the Receipts shall at all times have all of the rights and privileges of the Municipal Term Preferred Shares that are represented by the Depositary Shares. Without limiting the generality of the foregoing, the Fund acknowledges and agrees that each Holder of a Receipt, in the event of any default in the payment of the redemption price required to be paid upon the redemption of any MuniFund Term Preferred Shares represented by such Receipt and the Depositary Shares evidenced thereby (and subject to any notice and cure provisions for the benefit of the Fund contained in the Statement), shall have the same rights as a holder of the MuniFund Term Preferred Shares against the Fund with respect to such default.
Holders of Receipts Are Parties. The holders of Depositary Shares from time to time shall be parties to this Deposit Agreement shall be bound by all of the terms and conditions hereof and of the Receipts evidencing such Depositary Shares by acceptance of delivery thereof.
Holders of Receipts Are Parties. 21 Section 7.7............
Holders of Receipts Are Parties. Supremacy of Certificate. (a) By acceptance of delivery of ------------------------ the Receipts, any holder of such Receipt from time to time shall be deemed to have agreed to become a party to this Deposit Agreement and to be bound by all of the terms and conditions hereof and of the Receipts to the same extent and with the same effect as though such person had executed this Deposit Agreement. (b) Insofar as the rights of holders of Receipts and owners of Depositary Shares derive from the rights of the Stock as specified in the Certificate, in the case of any inconsistency between the provisions of this Deposit Agreement and the Certificate, the Certificate shall control; provided, -------- however, that, this Section 7.06(b) shall not abridge any ------- rights of the Depositary, any Depositary's Agent or the Registrar under Article V.
Holders of Receipts Are Parties. The Holders of Receipts from time to time shall be parties to this Deposit Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts by acceptance of delivery thereof. Each Holder of Receipts shall become a party hereto upon acceptance by such Holder of Receipts of delivery of one or more Receipts issued in accordance with the terms hereof. The undersigned has executed this Deposit Agreement as of the date first set forth above. GLOBAL GEOPHYSICAL SERVICES, INC. By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: V.P. Corporate Development COMPUTERSHARE INC. and COMPUTERSHARE TRUST COMPANY, N.A., for both entities By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Vice President Unless this receipt is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to Global Geophysical Services, Inc. or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is 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. 1/1000th OF ONE SHARE
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Related to Holders of Receipts Are Parties

  • Holders of Notes The Agent may deem and treat any payee of any Note as the owner thereof for all purposes hereof unless and until written notice of the assignment or transfer thereof shall have been filed with the Agent. Any request, authority or consent of any Person who at the time of making such request or giving such authority or consent is the holder of any Note shall be conclusive and binding on any subsequent holder, transferee or assignee of such Note or of any Note or Notes issued in exchange therefor.

  • Certain Obligations of Holders of Receipts and the Company Filing Proofs, Certificates and Other Information 7 SECTION 3.2 Payment of Taxes or Other Governmental Charges 7 SECTION 3.3 Warranty as to Stock 8

  • Lists of Receipt Holders Reasonably promptly upon request from time to time by the Corporation, at the sole expense of the Corporation, the Depositary shall furnish to it a list, as of the most recent practicable date, of the names, addresses and holdings of Depositary Shares of all registered Holders of Receipts.

  • Notice of Dividends; Fixing of Record Date for Holders of Receipts Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock are entitled to vote or of which holders of such Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Preferred Stock) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

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