Common use of No Obligation of the Trustee Clause in Contracts

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 47 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Deluxe Corp), Indenture (Libbey Inc)

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No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 13 contracts

Samples: Indenture (Nebraska Book Co), Indenture (Netscout Systems Inc), Indenture (Nebraska Book Co)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global SecurityNote, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemptionredemption or purchase) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 10 contracts

Samples: Indenture (Justice Delaware Holdco Inc.), Indenture (Armored AutoGroup Inc.), Intercreditor Agreement (Edgen Group 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 SecurityNote, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 9 contracts

Samples: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.), sec.report

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may conclusively rely and shall be fully protected in so relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 8 contracts

Samples: Pledge and Security Agreement (Party City Holdco Inc.), Supplemental Indenture (PQ Group Holdings Inc.), Indenture (PQ Group Holdings 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 SecurityNote, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may conclusively rely and shall be fully protected in conclusively relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 8 contracts

Samples: Indenture (VM Holding S.A.), Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.)

No Obligation of the Trustee. (ia) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holder or Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary, subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 8 contracts

Samples: Indenture (Brickell Biotech, Inc.), Indenture (Protalix BioTherapeutics, Inc.), Protalix BioTherapeutics, Inc.

No Obligation of the Trustee. (ia) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders Securityholders and all payments to be made to Holders Securityholders in respect of the Securities shall be given or made only to or upon the order of the registered Holders Securityholder or Securityholders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary, subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 7 contracts

Samples: Amerant Bancorp Inc., Indenture (WGL Holdings Inc), Indenture (WGL Holdings Inc)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depository or any other Person with respect to the accuracy of the records of DTC or its nominee the Depository or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee the Depository in the case of a Global Security). The Except as may be otherwise permitted pursuant to Section 2.14 of the Indenture, the rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, its participants and any beneficial owners.

Appears in 7 contracts

Samples: Supplemental Indenture (Egalet Corp), Indenture (Egalet Us Inc.), Purchase Agreement (Vivus Inc)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders Securityholders and all payments to be made to Holders in respect of Securityholders under the Securities shall be given or made only to or upon the order of the registered Holders Securityholders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 5 contracts

Samples: Guaranty Agreement (Usg Corp), Guaranty Agreement (Usg Corp), Guaranty Agreement (Usg Corp)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemptionredemption or purchase) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 5 contracts

Samples: Indenture (Colt Defense Technical Services LLC), License Agreement (Colt Finance Corp.), Indenture (Prospect Medical Holdings Inc)

No Obligation of the Trustee. (i) The Trustee None of the Trustee, Registrar or paying agent shall have no any responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee Trustee, Registrar or paying agent may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 4 contracts

Samples: Supplemental Indenture (Constellium Se), Supplemental Indenture (Constellium Se), Indenture (Constellium N.V.)

No Obligation of the Trustee. (i) The Neither the Trustee nor any Agent shall have no any responsibility or obligation to any beneficial owner of an interest in a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in with respect of to the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee and each Agent may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 4 contracts

Samples: Celanese Americas LLC, Indenture (Celanese Global Relocation LLC), Celanese Global Relocation LLC

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders Securityholders and all payments to be made to Holders Securityholders in respect of the Securities shall be given or made only to or upon the order of the registered Holders Securityholders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 4 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co), Star Gas Partners Lp

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global SecuritySecurity of any series, a member of, or a participant in, DTC Participant or any other Person with respect to the accuracy of the records of DTC the 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 Securities of any series or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe NBB) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities of any series shall be given or made only to or upon the order of the registered such Holders (which shall be DTC the NBB or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security of any series shall be exercised only through DTC the X/N System and its Participants and Indirect Participants, subject to the applicable rules and procedures of DTCApplicable Procedures. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the X/N System with respect to its members, participants Participants and any beneficial owners.

Appears in 3 contracts

Samples: Indenture (Delhaize Group), Indenture (Delhaize Group), Indenture (Shop 'N Save-Mass, Inc.)

No Obligation of the Trustee. (i1) The Neither the Trustee nor the Registrar shall have no any responsibility or obligation to any beneficial owner of a Global SecurityNote, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemptionredemption or purchase) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 3 contracts

Samples: Churchill Downs Incorporated (Churchill Downs Inc), Indenture (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository, subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 3 contracts

Samples: Goodyear Tire & Rubber Co /Oh/, Goodyear Tire & Rubber Co /Oh/, Goodyear Tire & Rubber Co /Oh/

No Obligation of the Trustee. (ia) The Trustee shall have no responsibility or obligation to any beneficial owner of an interest in a Global SecurityNote, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders Holders, (which shall be DTC or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 3 contracts

Samples: Elan Finance (Elan Corp PLC), Indenture (Elan Corp PLC), Elan Corp PLC

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment (or any delay in payment) of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 3 contracts

Samples: Indenture (Comstock Oil & Gas GP, LLC), 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 Security, a member of, or a participant inin the Depository, DTC or any other Person with respect to the accuracy of the records of DTC the Depository, or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository, with respect to its members, participants and any beneficial owners.

Appears in 3 contracts

Samples: Indenture (CLARIVATE PLC), Indenture (Clarivate Analytics PLC), Supplemental Indenture (CLARIVATE PLC)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in of any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, its participants and any beneficial owners.

Appears in 3 contracts

Samples: Kansas City Southern, Kansas City Southern, Kansas City Southern

No Obligation of the Trustee. (i1) The Neither the Trustee nor its agents shall have no any responsibility or obligation to any beneficial owner of a Global SecurityNote, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemptionredemption or purchase) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (Northern Tier Energy LLC), Indenture (Northern Tier Energy, Inc.)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Article 9 (Kansas City Southern Industries Inc), Kansas City Southern Industries Inc

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any a Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures pro cedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Imperial Home Decor Group Holdings I LTD, Volume Services America Holdings Inc

No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (Continental Resources Inc), Big City Radio Inc

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a beneficial interest in a Global Security, a member of, or a participant in, DTC in the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of owners of beneficial owners interests in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Management Services Agreement (Windy Hill Pet Food Co Inc), MBW Foods Inc

No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depository or other Person with respect to the accuracy of the records of DTC the Depository or each of its nominee nominees or of any participant participants or member members thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders of such Securities (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (International Wire Group Inc), International Wire Rome Operations, Inc.

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Smithfield Foods Inc, CBS Corp

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of or any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (Navistar International Corp), Indenture (International Truck & Engine Corp)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of an interest in a Global SecurityNote, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global SecurityNote). The Except as provided in Section 2.6(c)(ii)(B), the rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global SecurityNote, a member of, or a participant in, DTC Participant or any other Person with respect to the accuracy of the records of DTC the 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 Securities Notes or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe NBB) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC the NBB or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC the X/N System and its Participants and Indirect Participants, subject to the applicable rules and procedures of DTCApplicable Procedures. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the X/N System with respect to its members, participants Participants and any beneficial owners.

Appears in 2 contracts

Samples: Delhaize Group, Delhaize Group

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC an Agent Member or other Person with respect to the accuracy of the records books or records, or the acts or omissions, of DTC the Depositary or its nominee or of any participant or member Agent Member thereof, with respect to any ownership interest in the any Securities or with respect to the delivery to any participant, memberAgent Member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders of Securities of a Series and all payments to be made to Holders in respect under a Series of the Securities shall be given or made only to or upon the order of the registered Holders of Securities of such Series (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures Applicable Procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants Agent Members and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (Crown Castle International Corp), Crown Castle International Corp

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (Wire Harness Industries Inc), Indenture (International Wire Group Inc)

No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemptionredemption or purchase) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Interactive (FriendFinder Networks Inc.), Joinder Agreement (FriendFinder Networks Inc.)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Merger Agreement (Salt Holdings Corp), Merger Agreement (Salt Holdings Corp)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures pro- cedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Indenture (Levi Strauss & Co), Amc Entertainment Inc

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global SecurityDebenture, a member of, or a participant in, DTC the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Debentures or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securitiesthe Debentures. All notices and communications to be given to the Holders holders and all payments to be made to Holders in respect of holders under the Securities Debentures shall be given or made only to or upon the order of the registered Holders holders (which shall be DTC the Depositary or its nominee in the case of a Global SecurityDebenture). The rights of beneficial owners in any Global Security Debenture shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Tower Automotive Inc, Graftech International LTD

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Securities, or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners. Neither the Trustee nor any Agent shall have the responsibility for any actions taken or not taken by the Depositary.

Appears in 2 contracts

Samples: Pico Holdings Inc /New, UCP, Inc.

No Obligation of the Trustee. (i) The Trustee shall have no ---------------------------- responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: GSL Corp

No Obligation of the Trustee. (i) (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Advanstar Communications Inc

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders Noteholders and all payments to be made to Holders in respect of Noteholders under the Securities shall be given or made only to or upon the order of the registered Holders Noteholders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Wki Holding Co Inc)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders of any series of Securities and all payments to be made to Holders in respect of the a series of Securities shall be given or made only to or upon the order of the registered Holders of such series of Securities (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Intercreditor Agreement (River Road Realty Corp)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Black & Decker Corp

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.. 38 30

Appears in 1 contract

Samples: Selfix Inc /De/

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Securities, or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.. Neither the Trustee nor any Agent shall have the responsibility for any actions taken or not taken by the Depositary

Appears in 1 contract

Samples: Indenture (Brunswick Corp)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders Securityholders and all payments to be made to Holders in respect of Securityholders under the Securities shall be given or made only to or upon the order of the registered Holders Securityholders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Freeport McMoran Copper & Gold Inc)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC Participant in the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant Participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: CNF Inc

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) Appendix - 13 of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Denbury Resources Inc)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member ofParticipant, or a participant inIndirect Participant, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant Participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participantParticipant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders of the Securities (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Trylon Corp/Mi/)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of an interest in a Global SecurityNote, a member of, any Agent Member or a participant in, DTC Participant or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant Agent Member or member Participant thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participantAgent Member or Participant, memberIndirect Participant, other beneficial owner or other Person (other than DTCthe Holders) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Southwestern Energy Co

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No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, membermem- ber, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: 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 Security, a member of, or a participant in, DTC in the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders Securityholders and all payments to be made to Holders in respect of Securityholders under the Securities shall be given or made only to or upon the order of the registered Holders Securityholders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.and

Appears in 1 contract

Samples: Guaranty Agreement (Usg Corp)

No Obligation of the Trustee. (i) The 8.1.1.1.1.2.The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Corporate Execution and Notary Acknowledgment (Smithfield Foods Inc)

No Obligation of the Trustee. (i) The Trustee shall have no ----------------------------- responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications communica tions to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: 21st Century Telecom Group Inc

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC any Depositary or other Person with respect to the accuracy of the records of DTC any Depositary or its nominee their nominees or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of or any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee nominees in the case of a Global SecuritySecurities). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCApplicable Procedures. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Dana Corp

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or other Person with respect to the accuracy of the records books or records, or the acts or omissions, of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Intercompany Note Guarantee Agreement (Ucar International Inc)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depository or any other Person with respect to the accuracy of the records of DTC or its nominee the Depository or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee the Depository in the case of a Global Security). The Except as may be otherwise permitted pursuant to Section 2.13 of the Indenture, the rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, its participants and any beneficial owners.

Appears in 1 contract

Samples: Sorrento Therapeutics, Inc.

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or other Person with respect to the accuracy of the records books or records, or the acts or omissions, of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures Applicable Procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Skyworks Solutions Inc

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depository or other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Fisher Scientific International Inc

No Obligation of the Trustee. (ib) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemptionredemption or purchase) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (FRNK Technology Group)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or other Person person with respect to the accuracy of the records books or records, or the acts or omissions, of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Convertible Notes or with respect to the delivery to any participant, member, beneficial owner or other Person person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such SecuritiesConvertible Notes. All notices and communications to be given to the Holders holders and all payments to be made to Holders in respect of holders under the Securities Convertible Notes shall be given or made only to or upon the order of the registered Holders holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures Applicable Procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Navistar International Corp

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities Securities, or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Brunswick Corp)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders of any series of Securities and all payments to be made to Holders in respect of the a series of Securities shall be given or made only to or upon the order of the registered Holders of such series of Securities (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC Draft - January 14, 2004 Exhibit C the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Security Agreement (Bayou Steel Corp)

No Obligation of the Trustee. (i) The Trustee and the Issuers shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee and the Issuers may conclusively rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Ticketmaster Corp /Il/

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.of

Appears in 1 contract

Samples: Indenture (Plains Exploration & Production Co)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depositary or any other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect under the Table of the Contents Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Beacon Roofing Supply Inc)

No Obligation of the Trustee. (i1) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Callon Petroleum Co

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and 0000-0000-0000 APPENDIX communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

No Obligation of the Trustee. (i) The Trustee shall have no ---------------------------- responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC the Depositary or other Person with respect to the accuracy of the records of DTC the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCthe Depositary. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Applied Business Telecommunications

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its any nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders holders and all payments to be made to Holders in respect of the holders under the Securities shall be given or made only to or upon the order of the registered Holders holders (which shall be DTC the Depository or its any nominee thereof in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its any members, participants and any beneficial ownersowners thereof.

Appears in 1 contract

Samples: Supplemental Indenture (ARKO Corp.)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant APPENDIX or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may conclusively rely and shall be fully protected in conclusively relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Lease Agreement (Clayton Williams Energy Inc /De)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or account holder in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant participant, member or member account holder thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, account holder, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants participants, account holders and any beneficial owners.

Appears in 1 contract

Samples: Levi Strauss & Co

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may conclusively rely and shall be fully protected in conclusively relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Supplemental Indenture (ResCare Finance, 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 SecurityNote, a member of, any Agent Member or a participant in, DTC Participant or other Person person with respect to the accuracy of the records of DTC or its nominee or of any participant Agent Member or member Participant thereof, with respect to any ownership interest in the Securities Notes or with respect to the delivery to any participantAgent Member or Participant, memberIndirect Participant, other beneficial owner or other Person (other than DTCthe Holders) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities Notes (or other security or property) under or with respect to such SecuritiesNotes. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities Notes shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global SecurityNote). The rights of beneficial owners in any Global Security Note shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Southwestern Energy Co

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect re-spect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Supplemental 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 Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) APPENDIX amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) NY1:1657728.6 A- of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Berry Plastics Holding Corp)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in Euroclear and Clearstream or any other Person with respect to the accuracy of the records of DTC or its nominee the Euroclear, Clearstream and the Common Depositary or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Common Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee the Common Depositary in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC Euroclear and Clearstream subject to the applicable rules and procedures of DTCEuroclear and Clearstream, as applicable. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC Euroclear and Clearstream with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Berry Global Group, Inc.)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in Euroclear or Clearstream or any other Person with respect to the accuracy of the records of DTC Euroclear or its Clearstream or any nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Common Depositary) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Common Depositary or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Common Depositary subject to the applicable rules and procedures of DTCEuroclear or Clearstream. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Common Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (MPM Silicones, LLC)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC in the Depository or any other Person with respect to the accuracy of the records of DTC the Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depository) of any notice (including any notice of redemptionredemption or repurchase) or the payment of any amount or delivery of any Securities (or other security or property) amount, under or with respect to such Securities. Neither the Trustee nor any Agent shall have responsibility for any actions taken or not taken by the Depositary.All notices and communications to be given to the Holders and all payments to be made to the Holders in respect of under the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depository or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depository subject to the applicable rules and procedures of DTCthe Depository. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC the Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Indenture (Rexnord Corp)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC or other Person with respect to the accuracy of the records of DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTC) of any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC or its nominee in the case of a Global Security). The rights of beneficial owners in any Global Security shall be exercised only through DTC subject to the applicable rules and procedures of DTC. The Trustee may rely and shall be fully protected in relying upon information furnished by DTC with respect to its members, participants and any beneficial owners.protected

Appears in 1 contract

Samples: Indenture (HCRC Inc)

No Obligation of the Trustee. (i) The Trustee shall have no responsibility or obligation to any beneficial owner of a Global Security, a member of, or a participant in, DTC any Depositary or other Person with respect to the accuracy of the records of DTC any Depositary or its nominee their nominees or of any participant or member thereof, with respect to any -45- ownership interest in the Securities or with respect to the delivery to any participant, member, beneficial owner or other Person (other than DTCthe Depositary) of or any notice (including any notice of redemption) or the payment of any amount or delivery of any Securities (or other security or property) under or with respect to such Securities. All notices and communications to be given to the Holders and all payments to be made to Holders in respect of the Securities shall be given or made only to or upon the order of the registered Holders (which shall be DTC the Depositary or its nominee nominees in the case of a Global SecuritySecurities). The rights of beneficial owners in any Global Security shall be exercised only through DTC the Depositary subject to the applicable rules and procedures of DTCApplicable Procedures. The Trustee may conclusively rely and shall be fully protected in relying upon information furnished by DTC the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Security Agreement (Cummins Inc)

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