No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 82 contracts
Samples: Senior Secured Notes Agreement (Office Properties Income Trust), Senior Notes Indenture (Mativ Holdings, Inc.), Indenture (Matthews International Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 78 contracts
Samples: Indenture (New Home Co Inc.), Indenture (U.S. Concrete, Inc.), Indenture (Century Communities, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 65 contracts
Samples: Indenture (QVC Inc), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary in, DTC or any other Person with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount or delivery of any Securities (or other security or property) under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary DTC or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary DTC with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary DTC participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 43 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Deluxe Corp), Indenture (Libbey Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 38 contracts
Samples: Indenture (National CineMedia, LLC), Indenture (Amc Entertainment Holdings, Inc.), Indenture (National CineMedia, LLC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary in, DTC or any other Person with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption or repurchasepurchase) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary DTC with respect to its members, participants and any beneficial owners.
(ii) . The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary DTC participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof. Neither the Trustee nor any of its agents shall have any responsibility for any actions taken or not taken by DTC.
Appears in 30 contracts
Samples: Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp), Indenture (Restaurant Brands International Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 28 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 28 contracts
Samples: Indenture (Alliance Resource Partners Lp), Indenture (Insight Enterprises Inc), Indenture (RingCentral, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates certificates, opinions and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 28 contracts
Samples: Indenture (Light & Wonder, Inc.), Indenture (NCR Corp), Indenture (NCR Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be fully protected in conclusively relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
(iii) Neither the Trustee nor any agent shall have any responsibility or liability for any actions taken or not taken by the Depositary.
Appears in 27 contracts
Samples: Second Supplemental Indenture (GE HealthCare Technologies Inc.), First Supplemental Indenture (Solventum Corp), First Supplemental Indenture (3m Co)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 22 contracts
Samples: Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 22 contracts
Samples: Indenture (Hess Midstream LP), Indenture (Hess Midstream LP), Indenture (Hess Midstream LP)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to the Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 19 contracts
Samples: Indenture (Albertsons Companies, Inc.), Indenture (Southeastern Grocers, Inc.), Indenture (Albertsons Companies, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 19 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseoptional redemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law Applicable Law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 17 contracts
Samples: Indenture (Global Partners Lp), Indenture (Global Partners Lp), Indenture (Global Partners Lp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary the Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof. Neither the Trustee nor any Agent shall have any responsibility for any actions taken or not taken by the Depository.
Appears in 15 contracts
Samples: Indenture (Mr. Cooper Group Inc.), Indenture (PennyMac Financial Services, Inc.), Indenture (Mr. Cooper Group Inc.)
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii2) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 15 contracts
Samples: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.), Indenture (Transocean Ltd.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 13 contracts
Samples: Indenture (Amida Industries Inc), Indenture (R&b Falcon Corp), Indenture (Mediq Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, Agent Member or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereofAgent Member, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, memberAgent Member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants Agent Member and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 12 contracts
Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Operating Inc), Indenture (Chesapeake Energy Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, Agent Member or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption or repurchasepurchase) or the payment of any amount, amount or delivery of any Securities (or other security or property) under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary DTC or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary DTC with respect to its members, participants Agent Members and any beneficial owners.
(ii) . The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 12 contracts
Samples: Indenture (ANTERO RESOURCES Corp), Indenture (Alta Mesa Holdings, LP), Indenture (ANTERO RESOURCES Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates certificates, opinions and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 12 contracts
Samples: Indenture (Beacon Roofing Supply Inc), Indenture (Beacon Roofing Supply Inc), First Supplemental Indenture (Charles River Laboratories International, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 11 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereofof the Indenture.
Appears in 11 contracts
Samples: Indenture (Pra Group Inc), Indenture (Credit Acceptance Corp), Indenture (Pra Group Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law Applicable Law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 11 contracts
Samples: Indenture (Chesapeake Oilfield Operating LLC), Indenture (Mid-States Oilfield Supply LLC), Indenture (PetroLogistics LP)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be fully protected in conclusively relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
(iii) Neither the Trustee nor any agent shall have any responsibility or liability for any actions taken or not taken by the Depositary.
Appears in 10 contracts
Samples: Supplemental Indenture (Hewlett Packard Enterprise Co), Supplemental Indenture (Hewlett Packard Enterprise Co), Supplemental Indenture (Hewlett Packard Enterprise Co)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to the Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 9 contracts
Samples: Eighth Supplemental Indenture (S&P Global Inc.), Seventh Supplemental Indenture (S&P Global Inc.), Supplemental Indenture (Fidelity National Financial, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be fully protected in conclusively relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
(iii) Neither the Trustee nor any Agent shall have any responsibility or liability for any actions taken or not taken by the Depositary.
Appears in 9 contracts
Samples: Ninth Supplemental Indenture (Kraft Heinz Co), Eighth Supplemental Indenture (Kraft Heinz Co), First Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice [(including any notice of redemption or repurchase) redemption)] or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 9 contracts
Samples: Senior Indenture (United Rentals Highway Technologies Gulf, LLC), Senior Indenture (United Rentals North America Inc), Senior Indenture (United Rentals North America Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 8 contracts
Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary the Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 8 contracts
Samples: Indenture (Aar Corp), Indenture (Advanced Drainage Systems, Inc.), Indenture (GMS Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, Agent Member or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption or repurchasepurchase) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by the Depositary DTC with respect to its members, participants Agent Members and any beneficial owners.
(ii) . The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof. Affiliate Holders. After the Issue Date, by accepting a beneficial interest in a Global Note, any Person that is an Affiliate of the Issuer agrees to give notice to the Issuer, the Trustee and the Registrar of the acquisition and its Affiliate status.
Appears in 7 contracts
Samples: Indenture (Weatherford International PLC), Indenture (Weatherford Irish Holdings Ltd.), Indenture (Weatherford Oil Tool GmbH)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 7 contracts
Samples: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 7 contracts
Samples: Indenture (Novamerican Steel Inc.), Indenture (Urs Corp /New/), Indenture (Winstar Communications Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 7 contracts
Samples: Indenture (T-Mobile Innovations LLC), Indenture (BOISE CASCADE Co), Indenture (T-Mobile US, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 7 contracts
Samples: Indenture (Compass Minerals International Inc), Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseoptional redemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law Applicable Law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 6 contracts
Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). In addition, for so long as the Securities are listed on the Luxembourg Stock Exchange and the rules of such securities exchange so require, notices to Holders of the Securities shall be published in a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 6 contracts
Samples: Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc)
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, of or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) redemption), or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii2) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including without limitation any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 6 contracts
Samples: Third Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp), First Supplemental Indenture (Lear Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 6 contracts
Samples: Indenture (Commercial Vehicle Group, Inc.), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee nominees or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 6 contracts
Samples: Indenture (Five Point Holdings, LLC), Indenture (Howard Hughes Corp), Indenture (Howard Hughes Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture Supplement or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this IndentureIndenture Supplement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 6 contracts
Samples: Indenture Supplement (Pulte Homes Inc/Mi/), Indenture Supplement (Pulte Homes Inc/Mi/), Indenture Supplement (Pulte Homes Inc/Mi/)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 5 contracts
Samples: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc)
No Obligation of the Trustee. (i) Neither the Trustee nor any Agent shall have responsibility for any actions taken or not taken by the Depositary.
(ii) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders holders and all payments to be made to Holders holders under the Notes shall be given or made only to the registered Holders holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(iiiii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 5 contracts
Samples: Senior Notes Indenture (Hanesbrands Inc.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryApplicable Procedures. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 5 contracts
Samples: Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 5 contracts
Samples: Twelfth Supplemental Indenture (Service Corporation International), Eleventh Supplemental Indenture (Service Corporation International), Fourth Supplemental Indenture (Service Corporation International)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, Agent Member or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereofAgent Member, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, memberAgent Member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants Agent Members and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 5 contracts
Samples: Indenture (MidCon Compression LP), Indenture (Chesapeake Energy Corp), Indenture (Gene D. Yost & Son Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary any Agent Member or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereofAgent Member, with respect to any beneficial ownership interest in the Notes or with respect to the delivery to any participantbeneficial owner, member, beneficial owner Agent Member or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures Applicable Procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial ownersowners and Agent Members.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any beneficial ownership interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners or Agent Members in any Global Note) other than to require delivery of such certificates Opinions of Counsel, certifications and other documentation or evidence as are expressly required byrequired, and to do so if and when expressly required byrequired, by the terms of this Indenture, the Indenture and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Indenture (NEWMONT Corp /DE/), Indenture, Indenture (NEWMONT Corp /DE/)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: First Supplemental Indenture (Golden State Holdings Inc), Second Supplemental Indenture (Golden State Holdings Inc), Fourth Supplemental Indenture (Golden State Holdings Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Supplemental Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Supplemental Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Supplemental Indenture (Hormel Foods Corp /De/), Supplemental Indenture (Office Depot Inc), Supplemental Indenture (Office Depot Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through a member of, or a participant of, the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Supplemental Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Supplemental Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Fifth Supplemental Indenture (LGI Homes, Inc.), Fourth Supplemental Indenture (LGI Homes, Inc.), Third Supplemental Indenture (LGI Homes, Inc.)
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii2) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Subordinated Indenture (Mbia Inc), Indenture (Mbia Inc), Subordinated Indenture (Mbia Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. None of the Company, the Trustee or Paying Agent or any agent of them shall have any responsibility or liability for any actions taken or not taken by the Depositary.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Senior Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (Kosmos Energy Ltd.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including including, without limitation, any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Indenture (Alcoa Corp), Indenture (Alcoa Corp), Indenture (Alcoa Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in in, the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Indenture (Trilogy International Partners Inc.), Indenture (Trilogy International Partners Inc.), Indenture (Alignvest Acquisition Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, of or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, thereof with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Indenture (Bremen Bearings Inc), Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be fully protected in conclusively relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
(iii) Neither the Trustee nor any Agent shall have any responsibility or liability for any actions taken or not taken by the Depositary.
Appears in 4 contracts
Samples: Supplemental Indenture (Kraft Foods Group, Inc.), Supplemental Indenture (Kraft Foods Inc), Supplemental Indenture (Kraft Foods Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, Agent Member or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption or repurchasepurchase) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by the Depositary DTC with respect to its members, participants Agent Members and any beneficial owners.
(ii) . The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Indenture (Weatherford International PLC), Indenture (Weatherford International PLC), Indenture (Weatherford International PLC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner Beneficial Owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner Beneficial Owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners Beneficial Owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial ownersBeneficial Owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners Beneficial Owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 4 contracts
Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of in a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a the Global Note). The rights of beneficial owners in any the Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any the Global Note) other than to require make any required delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Esterline Technologies Corp), Indenture (Science Craftsman INC), Indenture (Armor Holdings Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment (or any delay in payment) of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Comstock Oil & Gas GP, LLC), Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the DepositaryApplicable Procedures. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
(iii) In connection with any exchange of beneficial interests in a Global Note that bears a Restricted Notes Legend for any Global Note that does not bear a Restricted Notes Legend in accordance with Section 2.3(e), if a Global Note that does not bear a Restricted Notes Legend is not then outstanding (or an insufficient principal amount of such Global Notes are outstanding to permit such exchange) and the Global Notes have not been previously exchanged for certificated securities pursuant to Section 2.4, the Company shall issue and the Trustee shall authenticate, upon written order of the Company in the form of an Officer’s Certificate, one or more new Global Notes without the Restricted Notes Legend in the appropriate principal amounts.
Appears in 3 contracts
Samples: Indenture (Block, Inc.), Indenture (Square, Inc.), Indenture (Square, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, Participant or a participant other Person with respect to any ownership interest in the Depositary or any other Person Notes, with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Participant thereof or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected and indemnified pursuant to Section 7.07 in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners, its members and participants.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including without limitation any transfers between or among Depositary participantsParticipants, members or beneficial owners in any Global Note) other than to require delivery of receive such certificates and other documentation or of evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (PGT Innovations, Inc.), Indenture (Air Transport Services Group, Inc.), Indenture (PGT Innovations, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Centennial Resource Development, Inc.), Indenture (Centennial Resource Development, Inc.), Indenture (Centennial Resource Development, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Canadian Forest Oil LTD), Indenture (Boyd Gaming Corp), Indenture (Glenoit Asset Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including without limitation any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (MSCI Inc.), Indenture (MSCI Inc.), Indenture (MSCI Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, Agent Member or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption or repurchasepurchase) or the payment of any amount, amount or delivery of any Notes (or other Note or property) under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary DTC with respect to its members, participants Agent Members and any beneficial owners.
(ii) . The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseoptional redemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity of any series, a member of, or a participant in the Depositary Participant or any other Person with respect to the accuracy of the records of the Depositary X/N System, the NBB or its nominee or of any participant Participant or member thereofIndirect Participant, with respect to any ownership interest in the Notes Securities of any series or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryNBB) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities of any series shall be given or made only to the registered such Holders (which shall be the Depositary NBB or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security of any series shall be exercised only through the Depositary X/N System and its Participants and Indirect Participants, subject to the applicable rules and procedures of the DepositaryApplicable Procedures. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary X/N System with respect to its members, participants Participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participantsParticipants, Indirect Participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Second Supplemental Indenture (Delhaize Group), Indenture (Shop 'N Save-Mass, Inc.), Indenture (Delhaize Group)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee nominees or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
(iii) Any purported transfer of such Note, or any interest therein to a purchaser or transferee that does not comply with the requirements specified in this Section 2.3 shall be of no force and effect and shall be null and void ab initio.
Appears in 3 contracts
Samples: Indenture (Forestar Group Inc.), Indenture (Forestar Group Inc.), Indenture (Forestar Group Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. Neither the Trustee nor any Agent shall have any responsibility for any actions taken or not taken by the Depositary.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including including, without limitation, any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)
No Obligation of the Trustee. (ia) The Trustee shall have no responsibility or obligation to any beneficial owner of an interest in a Global Note, a member of, or a participant in the Depositary Agent Members or any other Person Persons with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereofAgent Members, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, memberAgent Member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary DTC with respect to its members, participants Agent Members and any beneficial owners.
(iib) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (MDC Partners Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, any Agent Member or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely conclusively and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Transcontinental Gas Pipe Line Corp), Indenture (Transcontinental Gas Pipe Line Corp), Indenture (Anadarko Petroleum Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenturethe Indenture and the Securities, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Applied Power Inc), Indenture (Cherokee International Finance Inc), Indenture (Nm Licensing LLC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including without limitation any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Verisign Inc/Ca), Indenture (Verisign Inc/Ca), Indenture (Verisign Inc/Ca)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance compliance, with any restrictions on transfer imposed under this the Indenture or under applicable law or regulation with respect to any transfer of any interest in any Note (including including, without limitation, any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii2) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (WESTMORELAND COAL Co), Indenture (Westmoreland Energy LLC), Indenture (WESTMORELAND COAL Co)
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note in global form shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii2) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including including, without limitation, any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Jarden Corp), Indenture Agreement (Omnova Solutions Inc), First Supplemental Indenture (Jarden Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security in global form shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including including, without limitation, any transfers between or among Depositary Depository participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Telex Communications Intermediate Holdings LLC), Indenture (Telex Communications Inc), Indenture (Energy Corp of America)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, Agent Member or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption or repurchasepurchase) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary DTC or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by the Depositary DTC with respect to its members, participants Agent Members and any beneficial owners.
(ii) . The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Earthstone Energy Inc), Indenture (Earthstone Energy Inc), Indenture (Basic Energy Services Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates certificates, opinions and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of in a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a the Global Note). The rights of beneficial owners in any the Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any the Global Note) other than to require make any required delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (Esterline Technologies Corp), Indenture (Giant Industries Inc), Indenture (O Charleys Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, or a participant in the Depositary Depository, or any other Person with respect to the accuracy of the records of the Depositary Depository, or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to the Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository, with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary the Depository, participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 3 contracts
Samples: Indenture (CLARIVATE PLC), Indenture (Clarivate Analytics PLC), Indenture (CLARIVATE PLC)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof. Neither the Trustee nor any of its agents shall have any responsibility for any actions taken or not taken by DTC.
(iii) The transferor of any Note shall provide or cause to be provided to the Trustee all information necessary to allow the Trustee to comply with any applicable tax reporting obligations, including without limitation any cost basis reporting obligations under Section 6045 of the Code. The Trustee may rely on information provided to it and shall have no responsibility to verify or ensure the accuracy of such information. In connection with any proposed exchange of a Note that is not a Global Note for a Global Note, the Company or the Depositary shall be required to provide or cause to be provided to the Trustee all information necessary to allow the Trustee to comply with any applicable tax reporting obligations, including without limitation any cost basis reporting obligations under Section 6045 of the Code. The Trustee may rely on information provided to it and shall have no responsibility to verify or ensure the accuracy of such information.
Appears in 2 contracts
Samples: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp)
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteBond, a member of, or a participant Participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant Participant or member thereof, with respect to any ownership interest in the Notes Bonds or with respect to the delivery to any participantParticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesBonds. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Bonds shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global NoteBond). The rights of beneficial owners in any Global Note Bond shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants Participants and any beneficial owners.
(ii2) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Bond (including any transfers between or among Depositary participantsDepository Participants, members or beneficial owners in any Global NoteBond) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in in, the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a the Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a the Global Note). The rights of beneficial owners in any the Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any the Global Note) other than to require required delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (Aerial Communications Inc), Indenture (American Portable Telecom Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteIndirect Participant, a member of, Participant or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, Participant with respect to any ownership interest in the Notes or with respect to the delivery to any participantIndirect Participant, member, beneficial owner Participant or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a the Global Note). The rights of beneficial owners in any Global Note Indirect Participants shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants Participants and any beneficial ownersIndirect Participants.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members Participants or beneficial owners in any Global NoteIndirect Participants) other than to require make any required delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (HHG Distributing, LLC), Indenture (Hhgregg, Inc.)
No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member ofany Agent Member, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereofAgent Member, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii2) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members Agent Members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (Jones Group Inc), Indenture (JAG FOOTWEAR, ACCESSORIES & RETAIL Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. Neither the Trustee nor any Agent shall have responsibility for any actions taken or not taken by the Depositary.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary the Depository participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof. None of the Trustee, the Notes Collateral Agent or any Agent shall have any responsibility for any actions taken or not taken by the Depository.
Appears in 2 contracts
Samples: Indenture (Manitowoc Co Inc), Indenture (Manitowoc Co Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary Euroclear or Clearstream or any other Person with respect to the accuracy of the records of the Depositary Common Depositary, Euroclear or its Clearstream or any nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryEuroclear or Clearstream) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary Euroclear or its Clearstream or any nominee thereof in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary Euroclear or Clearstream, subject to the applicable rules and procedures of the DepositaryEuroclear or Clearstream, as applicable. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Euroclear or Clearstream with respect to its any members, participants and any beneficial ownersowners thereof.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners of Euroclear or Clearstream, as applicable, in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (Energizer Holdings, Inc.), Indenture (Energizer Holdings, Inc.)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee nominees or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
(i) Any purported transfer of such note, or any interest therein to a purchaser or transferee that does not comply with the requirements specified in this Section 2.3 shall be of no force and effect and shall be null and void ab initio.
Appears in 2 contracts
Samples: Indenture (Five Point Holdings, LLC), Indenture (Howard Hughes Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates certificates, opinions and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Execution Version (Geo Group Inc), Exhibit (Geo Group Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a the Global Note, a member of, or a participant in the Depositary Depository or any other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a the Global Note). The rights of beneficial owners in any the Global Note shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary Depository participants, members or beneficial owners in any the Global Note) other than to require make any required delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (Stage Stores Inc), Indenture (Stage Stores Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of an interest in a Global Note, a member of, or a participant in in, the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the Holders holders and all payments to be made to Holders under holders in respect of the Notes shall be given or made only to or upon the order of the registered Holders holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among the Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in in, the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, amount or delivery of any Notes (or other security or property) under or with respect to such Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under in respect of the Notes shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Indenture (Earth Products, Inc.), Indenture (Tower Automotive Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of beneficial interest in a Global NoteSecurity, a member of, or a participant Participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member Participant thereof, with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, memberParticipant, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary or any agent thereof with respect to its members, participants Participants and any beneficial owners.
(ii) The Trustee and Registrar shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members Participants or owners of beneficial owners interests in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Riggs Capital Ii), Junior Subordinated Indenture (Riggs National Corp)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global NoteSecurity, a member of, of or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, thereof with respect to any ownership interest in the Notes Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchaseredemption) or the payment of any amount, amount under or with respect to such NotesSecurities. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes Securities shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global NoteSecurity). The rights of beneficial owners in any Global Note Security shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Indenture Inden- ture or under applicable law with respect to any transfer of any interest in any Note Security (including any transfers between or among Depositary participants, members or beneficial owners in any Global NoteSecurity) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
Appears in 2 contracts
Samples: Senior Subordinated Deferred Interest Notes Indenture (Winstar Communications Inc), Senior Deferred Interest Notes Indenture (Winstar Communications Inc)
No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Note, a member of, or a participant in the Depositary or any other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than the Depositary) of any notice (including any notice of redemption or repurchase) or the payment of any amount, under or with respect to such the Notes. All notices and communications to be given to the Holders and all payments to be made to Holders under the Notes shall be given or made only to the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note). The rights of beneficial owners in any Global Note shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Trustee may conclusively rely and shall be fully protected in conclusively relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.
(ii) The Trustee shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this the Indenture or under applicable law with respect to any transfer of any interest in any Note (including any transfers between or among Depositary participants, members or beneficial owners in any Global Note) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this the Indenture, and to examine the same to determine substantial compliance as to form with the express requirements hereof.
(iii) Neither the Trustee nor any Agent shall have any responsibility or liability for any actions taken or not taken by the Depositary.
Appears in 2 contracts
Samples: Second Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD), Second Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD)
